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15 Terms Everybody Working In The New York Accident Lawyer Industry Should Know
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 just fender benders, some can cause serious injuries. The injured party must immediately contact 911 and seek medical care.


YouTube can assist victims with their legal issues following a crash. They can help victims get compensation for medical bills and lost income.

No-fault Insurance

New York is a no-fault insurance state which means that drivers, passengers, pedestrians, and bicyclists are automatically protected by their own auto insurance policies for medical, lost wages, and other incident-related expenses. This has helped protect car accident victims against being weighed down by out-of-pocket expenses. However it is essential to know what it means.

To be eligible to benefit from No-Fault insurance, you must meet certain requirements. First of all you must be injured in a motor vehicle accident that occurred in the state of New York. You must also be a driver, passenger in the vehicle that is insured or a cyclist or pedestrian who was struck by the vehicle. The person injured must be treated at a hospital or an authorized provider. In addition you must have sustained a "serious injury."

New York State Insurance Law defines serious injuries as a permanent impairment or loss of function. All of these injuries are severe and could have a negative impact on the life of a victim. A New York injury lawyer can assist you if been injured in a major New York car accident.

Following a serious car accident An attorney can assist you in a number of ways. They can help you understand your legal options, conduct a thorough investigation, and negotiate with the insurance company on your behalf. They can also initiate a court action on behalf of you against the driver who caused the accident.

You may have to pay for astronomical medical expenses along with lost wages and other expenses following a serious car accident. These costs can be paid for by no-fault insurance and you should seek treatment immediately following a car crash even if you feel like you are fine.

If you are unable to return to work because of an injury, no-fault insurance will pay up to $2,000 in lost wages per month. It will also cover a lot of your out-of-pocket costs, including the cost of household assistance.

Insurance companies will often schedule an IME (Independent Medical Examination) or EUO or an Exam under Oath. You must be present at these appointments, because not attending could result in the denial of benefits retroactively.

Pure comparative fault

In a majority of car accident lawsuits, the plaintiffs are partly or totally accountable for the incident. The law allows injured parties the right to be compensated based on their percentage of fault. This is known as pure comparative negligence. Pure comparative is distinct from modified comparative, which limits the amount that a claimant could be found to be owed to prevent them from receiving financial compensation. Modified comparative fault states generally place the limit between 49 and 51 percent.

In a car accident the plaintiff must prove two elements to be legally accountable for the accident the other being negligence and causality. Negligence is the act of breaking an act of law, or committing a breach of the law with reckless negligence. Causation refers to the way in which the negligence directly caused the injury. To prove legal responsibility the plaintiff must show the economic losses caused by their injuries, like medical bills, lost income and travel costs to appointments. Non-economic losses include emotional trauma and pain and suffering.

New York is among the 13 states with a pure comparative-fault law, which means that injured parties could still be able to claim compensation even if they were partially responsible. If the claimant is found to be more than 50% at fault, then they are barred from claiming damages. In this situation it is essential to consult a knowledgeable lawyer.

Comparative fault is applicable to nearly any personal injury or wrongful death case where a victim (or the descendants of the deceased) has suffered emotional or physical damages. However, the concept of comparative fault can be slightly more complicated in wrongful death cases.

The principle of comparative fault is very important to understand when making claims for compensation following an accident in New York. Your lawyer will assist you to determine the extent of your personal responsibility to the accident and work with insurance companies to ensure that you get the maximum amount of compensation for your injuries.

Joint and multiple liability may also apply if there are multiple defendants. This system splits the verdict among all defendants when the jury finds that you are jointly and severally responsible for the accident. This is an excellent way to ensure that you get the maximum amount of compensation for your injuries.

Insurance Company Tactics

The aftermath of a car accident can be just as stressful. The victims of injuries typically have to deal with medical expenses and loss of income due to being in a position of no work, not to mention their physical pain and emotional stress. Rent and other daily expenses are also a problem. The last thing they need is to be sucked into the tactics of a stalling insurance company who is trying to get them accept a low settlement offer.

The fact is, most insurance companies are in the business of making money and they do it by denying or reduction of claims. Insurance agents will use every method to deny you the money you are entitled to. It is crucial to employ an experienced New York car accident attorney to even the playing field. The attorneys at Mirman Markovits & Landau PC are experienced in fighting for the rights of car accident victims. Our attorneys will fight insurance companies and their shady tactics.

To save money, insurance companies will do whatever they can to delay or stop your claim. They also try to evade responsibilities by arguing that your injuries are not related to the crash or they do not require treatment. They may even argue that you suffer from a previous medical condition that is the reason for the crash.

In some cases the insurance adjuster may offer a settlement that appears reasonable. This is a trick that many people fall prey to. In reality, this offer will be significantly lower than the amount you will actually have to pay for your medical treatment and other damages.

New York law requires that every driver have no-fault insurance. It is not uncommon for drivers to be injured while driving another person's car or in their vehicle. Distracted driving, reckless driving, and speeding are among the most common causes of accidents. Distracted driving occurs when a driver uses a device to send or receive text messages, makes phone calls or listens to music while driving. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious accidents. Other causes of accidents include drunk driving, road conditions and weather.

Reckless driving

You could be entitled to compensation when you've been injured in an accident caused by reckless driving. A New York City reckless driving accident lawyer can help determine the cause of the accident and identify all parties that could be responsible for your injuries and losses. They may also bring a lawsuit or claim against the driver to recover your damages.

The New York criminal code defines reckless driving as the practice of operating a vehicle in a manner that endangers the lives and safety of other drivers and pedestrians or riders on bicycles. To convict a person of this crime the police officer must prove more than negligence or recklessness. This means that the officer must show that the driver was aware that their actions were likely to cause an accident or put others in danger.

Even minor traffic violations can be considered reckless driving in New York. Running a stop sign or red light can result in a serious accident. If a driver is found driving recklessly, they might be found guilty of misdemeanor charges and could face fines or jail time.

Incorrect driving can cause serious injuries to pedestrians, other drivers, and bicyclists. A conviction for this offense can lead to the addition of points to your license and hefty fines. This could cause driver's insurance rates to increase substantially. It's important to hire a New York reckless driving accident attorney who will ensure that the driver is convicted fairly.

The laws governing reckless driving in New York are quite strict and can lead to substantial penalties that include fines and jail time. The severity of a penalty depends on a number of factors like the severity of an accident and whether there were aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's license.

An experienced reckless driving accident lawyer knows how to find out the causes of a crash and gather evidence to demonstrate your innocence. This evidence might include witness statements as well as cellphone records to look for distracted driving, photographs and videos of the scene of the crash, official medical reports, and toxicology reports. They will file and defend insurance claims or lawsuits to secure the highest compensation for your injuries.

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