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7 Simple Tricks To Rocking Your New York Accident Lawyer
A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System

New York City is a city where car accidents are frequent. While the majority of them are just accidents that cause fender benders, a few can result in serious injuries. The injured party must immediately contact 911 and seek medical attention.

A New York car accident lawyer can assist victims with their legal needs after an accident. They can help victims get compensation for medical expenses as well as lost income.

No-fault insurance

New York is a no-fault insurance state which means that drivers passengers, pedestrians and bicyclists are protected by their own auto insurance policies for medical, lost wages, and other accident-related expenses. This has helped protect those who have been injured in car accidents from having to pay out-of-pocket costs. However it is essential to know what it means.

To be eligible for No-Fault Insurance, you must meet some requirements. First and foremost, you must be injured in an accident in New York. You must also be a driver or passenger in the vehicle insured, or a bicyclist or pedestrian who was struck by the vehicle. The injured party must also be treated in an accredited hospital or provider. Additionally, you must have suffered a "serious injury."

New York State Insurance Law defines serious injuries as permanent loss of function or disfigurement. These are all extremely severe injuries, and can have a profoundly negative impact on the person's life. A New York injury lawyer can help you if you have suffered serious injuries in a New York car accident.

A lawyer can help you with the legal process in many ways following a serious auto accident. Folsom can help you understand your legal options, conduct an in-depth investigation, and negotiate with your insurance company. They may also file a lawsuit in court on behalf of you against the driver who caused the accident.

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

If you cannot return to work because of an accident, no-fault insurance can pay up to $2,000 in lost wages per month. It also covers a large portion of your out-of-pocket expenses, including the cost of household assistance.

Insurance companies will often schedule an IME (Independent Medical Examination) or EUO, or an Exam Under Oath. The requirement to attend is that failure to do so may result in retroactive denials of benefits.

Purely comparative fault

In a lot of car accident lawsuits, the plaintiffs are either completely or partially accountable for the incident. The law gives injured parties the right to receive damages according to their percentage of blame. This is referred to as pure comparative fault. Pure comparative fault is different from modified comparative fault which limits the amount of fault a claimant can be deemed to have in order to make them ineligible for financial compensation. Modified comparative fault states usually set the bar between 49 and 51 percent.

In a case involving a car accident the plaintiff's legal liability for the accident rests on demonstrating two things: negligence and causation. Negligence is the violation of the law or committing a breach of the law with reckless negligence. Causation refers to how the negligence directly contributed to the injury. To prove legal responsibility the plaintiff must show the economic losses resulted from their injuries, for example, medical bills, lost income, and travel costs to appointments. Other non-economic losses include emotional trauma, suffering and pain.

New York is among the 13 states that have a strict comparative fault law, which means that the injured party could still be able to claim compensation even if they were partially responsible. If the claimant is found to be more than 50 percent at fault, they will be barred from recovering any damages. In this instance, it is important to work with a skilled attorney.

Comparative fault applies to any personal injury or wrongful death case where the victim (or heirs) have suffered mental or physical damages. The concept of comparative fault is more complicated in the case of wrongful death.

The concept of comparative blame is essential to be aware of when making an action for compensation following an accident in New York. Your lawyer will negotiate with the insurance companies to ensure that you receive the most compensation for your injuries.

In addition, if you have several defendants in your case, the concept of joint and numerous liability could apply. This system divides the verdict between all defendants if the jury finds that you are jointly and severally responsible for the accident. This is a great method to ensure you receive the maximum amount of compensation for your injuries.

Insurance company tactics

Car accidents are stressful enough, and the aftermath can be even more challenging. Injured victims are often confronted with medical bills, lost income due to inability to work, and physical discomfort. They also have to think about whether they can afford rent and other expenses that are part of their daily lives. The last thing they need is to be sucked into the tactics of an insurance company who is trying to get them to accept a settlement offer that is low.

The truth is that the majority of insurance companies are focused on making money, and they do this by denial or reduction of claims. Insurance representatives will use any strategy to prevent you from obtaining the amount you are entitled to. This is why it is essential to work with an New York car accident lawyer to level the playing field. The attorneys at Mirman Markovits & Landau PC are experienced in fighting for the rights of car accident victims. Our lawyers will take on insurance companies' sly strategies.

Insurance companies will do everything they can to delay your claim or stall the negotiations in order to save as much money as possible. They will also try to evade responsibilities by arguing that your injuries are not related to the crash or do not require treatment. They may even argue that you had a prior medical condition that is to blame for your crash.


In some cases the insurance adjuster might offer a settlement that appears reasonable. This is a classic method that many people are enticed by. This offer is lower than the amount you need to pay in order to cover your medical expenses and other damages.

New York law requires that every driver have no-fault insurance. However, it is not uncommon for people to become injured when driving or riding in another person's vehicle. The most frequent causes of accidents are distracted driving, reckless driving, and speeding. Distracted driving occurs when a driver uses devices to send or receive text messages, makes phone calls or listens to music while behind the wheel. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious accidents. Other causes of accidents are drunk driving, road conditions and weather.

Reckless driving

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

According to the New York criminal code, reckless driving is defined as driving a vehicle in a manner that it puts other motorists or pedestrians and cyclists in danger. To convict a person of this crime, a police officer must show more than just carelessness or negligence. This means that the police officer must prove that the driver was aware that their actions could cause an accident or put others at risk.

Even minor traffic violations can be considered reckless driving in New York. For example driving at a red light or stop sign could cause an accident that is serious and cause injury. If a driver is found to be recklessly driving, they could be convicted of a misdemeanor and face an indictment or a fine.

Reckless driving can cause severe injuries to pedestrians, other drivers, and bicyclists. A conviction for this crime could result in the addition of points to your license as well as substantial fines. This can result in a driver's insurance premiums increasing significantly. It is crucial to employ an New York reckless driving accident attorney who will ensure the driver is found guilty in a fair manner.

The laws governing reckless driving in New York are very strict and could lead to substantial penalties, including fines and imprisonment. The severity of the penalty is contingent on several factors including the severity of the incident and whether or not there were aggravating circumstances. A reckless driving conviction could also result in a driver's license being suspended.

A reckless driving accident lawyer with experience will know how investigate the cause of an accident and gather evidence to demonstrate your innocence. The evidence could include witness statements, phone records to check whether the driver was distracted, photographs and videos taken at the scene of the accident, official medical reports and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims aimed at obtaining the maximum amount of compensation for your injuries.

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