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Do Not Forget New York Accident Lawyer: 10 Reasons Why You Don't Have It
A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System

New York City is a city where car accidents are common. While the majority of them are simply fender benders, some can result in serious injuries. The injured party should call 911 and seek medical attention immediately.

A New York car accident attorney can help victims with their legal issues after the crash. They can assist in obtaining compensation for their medical bills and lost wages.

No-fault Insurance

New York is a no-fault insurance state which means that drivers passengers, pedestrians and bicyclists are automatically covered by their personal automobile insurance policies for medical, lost wages, and other incident-related expenses. While this has helped to protect car accident victims from being buried due to cost-out-of-pocket but it is essential to understand exactly what it is and what it does not mean.


To be eligible for No-Fault Insurance, you must meet some requirements. In the first place you must be injured in a vehicle accident that occurred within the state of New York. You must be a driver, a passenger or pedestrian of the insured vehicle. The person injured must be treated in a hospital or by an authorized provider. In addition, you must have suffered an "serious injury."

New York State Insurance Law defines serious injuries as permanent impairment or loss of function. All of these are serious and can have a negative impact on a victim's life. If you've been injured in an New York car accident, an experienced New York injury attorney can help you get the compensation you're due.

A lawyer can assist with the legal process in numerous ways following a serious car accident. They can help you understand your legal options, conduct an in-depth investigation and negotiate with your insurance company. They may also bring a lawsuit to court on your behalf against the driver responsible for the crash.

Following a serious car crash you could face astronomical medical bills, lost wages and other expenses. These expenses can be covered by no fault insurance, and you should seek medical attention immediately after a car accident, even if it feels as if you're in good shape.

If you are unable to return to work, no-fault will pay for 80 percent of your wages lost up to $2,000 per month. It also covers a number of your out-of-pocket costs, such as the cost of household assistance.

Insurance companies will often schedule an IME (Independent Medical Examination) or EUO, or an Exam Under Oath. Attendance is mandatory, as the absence of this could result in denial of benefits retroactively.

Purely faults of a comparative nature

In a lot of car accident cases plaintiffs may be liable in part or full for the incident. The law allows injured parties the right to receive damages according to their percentage of fault. This is referred to as pure comparative negligence. Pure comparative is distinct from modified comparative, which limits the amount a person could be found to be owed to prevent the claimant from obtaining financial compensation. Modified comparative fault states typically set the limit between 49 and 51 percent.

In a case involving a car accident, the plaintiff's legal responsibility for the accident is contingent upon proving two things: negligence and causation. Negligence is the act of breaking the law or acting with reckless carelessness. Causation refers to the way in which the negligence directly led to the injury. To establish legal responsibility plaintiffs must also prove economic losses, like medical expenses, lost income and travel expenses resulting from their injuries. Other non-economic losses include emotional trauma and pain and suffering.

New York is one of the 13 states with absolute comparative fault laws, which means that injured parties are still able to seek compensation even when they are at the fault. If the claimant is found to be more than 50 percent at fault, they are unable to claim damages. In this instance it is crucial to work with a knowledgeable lawyer.

Comparative fault can be applied to any personal injury or wrongful death situation in which the victim (or the heirs) have suffered mental or physical injuries. However, the concept of comparative fault can be somewhat more complex in the case of wrongful death claims.

It is important to understand the principle of comparative negligence when filing an insurance claim following an accident in New York. Your lawyer will assist you to determine the extent of your own contribution to the accident and will work with insurance companies to ensure you receive the most compensation you can for your injuries.

Joint and several liability could also apply if there are several defendants. The system splits the verdict among all defendants in the event that a jury finds you jointly and severally responsible for the accident. This is a great way to ensure you receive the most compensation for your injuries.

The tactics of the insurance company

Car accidents can be stressful enough, but the aftermath can be more difficult. The victims of injuries typically have to deal with medical bills and a loss of income as a result of being incapable of working in addition to their physical pain and emotional distress. They also have to think about whether they can afford rent and other daily expenses. They don't need to be subjected to the delay tactics employed by an insurance company to try and get them to accept low settlement offers.

The fact is, most insurance companies are in the business of making money and do this by denying or reducing claims. Insurance representatives will use any method to stop you from getting the amount you are entitled to. This is why it is crucial to find a New York car accident lawyer to make sure that the playing field is level. You Tube at Mirman Markovits & Landau PC have years of experience fighting for the rights of car accident victims. Our lawyers will fight insurance companies' sly strategies.

To save money, insurance companies will do whatever they can to delay or stop your claim. They will also try and keep the blame off by claiming that the injuries are not connected to the accident or do not require treatment. They could even argue that the accident was caused by a previous medical condition.

In some cases, the insurance adjuster will offer a settlement that seems reasonable. This is a common trick that a lot of people are enticed by. In reality, this offer is significantly less than the amount you will actually have to pay for your medical treatment and other damages.

The law in New York requires all drivers to carry no-fault insurance. It is nevertheless common for people to be injured when driving or riding in a person's vehicle. Some of the most common causes of accidents include reckless driving, distracted driving, and speeding. Distracted driving happens when a driver uses a device while driving to send or receive text messages or make phone calls or listen to music. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious accidents. Other causes of accidents include drunk driving weather conditions, road conditions and road conditions.

Reckless driving

If you've suffered injuries in a car accident caused by reckless driving, you could be entitled to compensation. A New York City reckless driving accident lawyer can help you determine the cause of the accident and identify all parties that could be liable for your injuries and losses. They may also initiate a lawsuit or claim against the driver in order to claim damages.

According to the New York criminal code, reckless driving is defined as driving a vehicle so that it puts other drivers or pedestrians and cyclists in danger. To find someone guilty, a policeman must show more than just negligence or recklessness. The officer must show that the driver was aware that their actions could have caused an accident or put others in danger.

Even minor traffic violations can be deemed reckless driving in New York. Running a stop sign or red light can result in an accident that is serious. If a driver is caught driving recklessly, he or she could be found guilty of misdemeanor charges and face penalties such as fines or jail time.

Reckless driving may cause serious injuries to other pedestrians, bicyclists, and motorists. If convicted of this offense will have points added to their license and could be subject to massive fines. This could cause driver's insurance rates to increase significantly. It is crucial to employ an attorney in New York who will ensure that the driver is held accountable in a fair manner.

New York's reckless-driving laws are extremely strict and could result in significant penalties, including fines and prison. The severity of a penalty is contingent on a variety of variables, such as the severity of an accident and if there were aggravating circumstances. A conviction for reckless driving could also result in suspension of a driver's licence.

An experienced reckless accident lawyer will know how to determine the causes of a crash and gather evidence to prove your innocence. This could include witness statements and phone records to determine if the driver was distracted, photos and videos of the scene of the accident, official medical reports and toxicology reports. They will file and litigate lawsuits or insurance claims to ensure you receive the maximum compensation for your injuries.

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