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15 Terms Everybody Who Works In New York Accident Lawyer Industry Should Know
A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System

Car accidents are a regular event in New York City. While the majority of them are collisions between cars, some may result in serious injuries. The injured parties should immediately contact 911 and seek medical care.

A New York car accident attorney can assist victims with legal issues following an accident. They can help them obtain the compensation they need for medical expenses and lost wages.

No-fault insurance

New York is an insurance no-fault state. This means that drivers pedestrians, passengers, and passengers as cyclists and bicyclists are covered automatically by their automobile insurance policies. This includes medical expenses, lost wages, and other related costs to an accident. While this has helped to protect car accident victims from being buried due to cost-out-of-pocket It is crucial to know exactly what it does and does not mean.

To qualify for No-Fault Insurance you must satisfy certain requirements. You must first and foremost be injured in an accident that occurred in New York. You must be a driver, a passenger or pedestrian of the insured vehicle. The person who was injured must be treated in a hospital or by a licensed medical professional. Additionally you must have sustained a "serious injury."

Serious injuries are defined in the New York State Insurance Law as a permanent and substantial loss of function, permanent disfigurement, or death. All of these injuries are serious and could have a negative impact on the victim's life. A New York injury lawyer can help you if you have been injured in a serious New York car accident.


A lawyer can assist with the legal process in a variety of ways following a serious car accident. They can help you understand your legal options, perform an extensive investigation, and negotiate with your insurance company. They may also make a court-filed lawsuit on your behalf against the negligent driver responsible for the crash.

In the aftermath of a serious crash you could face huge medical bills, lost wages, and other expenses. No- New Haven accident attorney is able to cover these costs, and you should always seek out treatment after a crash, even if you feel fine.

If you are unable to return to work, no-fault will cover 80% of your lost wages up to $2,000 per month. It also covers the majority of the cost you incur out-of-pocket which includes the cost of household assistance.


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

Purely faults of a comparative nature

In many cases of car accidents, the plaintiffs may be liable in part or full for the accident. The law allows the injured party to claim damages according to the percentage of blame that can be assigned to them. This is referred to as pure comparative negligence. Pure comparative differs from modified comparative, which caps the amount a person could be found to be owed to prevent the claimant from obtaining financial compensation. Modified comparative fault states generally set the limit between 49 and 51 percent.

In the event of a car crash, the plaintiff must prove two elements to be legally responsible for the crash that is, negligence and causality. Negligence is the act of breaking the law or acting with unreasonable carelessness. The causality is the way in which the negligence caused the injury. To establish legal liability, plaintiffs must also show economic losses, including 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 that have strict comparative fault laws which means that injured parties can still seek recovery when they are at the fault. If the claimant is found more than 50% at fault, then they are not able to claim damages. In this instance it is crucial to work with a skilled attorney.

Comparative fault is applicable to nearly any personal injury or wrongful death case in which a victim (or the descendants of the deceased) has suffered emotional or physical damages. The concept of comparative blame is more complex in wrongful death cases.

It is important to understand the principle of comparative negligence when submitting claims for compensation following an accident in New York. Your lawyer will negotiate with the insurance companies to get you the maximum amount of compensation for your injuries.

In addition, if you have multiple defendants in your case the concept of joint and several liability could be applicable. This system splits the verdict among all defendants when the jury finds you jointly and severally liable for the accident. This is a great way to ensure that you receive the maximum compensation for your injuries.

Insurance Company Tactics

Car accidents are stressful enough, and the aftermath can be more difficult. Victims of injuries often must deal with medical bills and a loss of income as a result of being incapable of working, not to mention their emotional and physical pain. Rent and other costs of daily living are also a major concern. The last thing they want is to be subjected the tactics of an insurance company who is trying to get them accept a low settlement offer.

Insurance companies exist to earn money. They do this by denying or reducing your claims. Insurance agents will use every trick to deny you the compensation you deserve. This is why it is so important to hire an New York car accident lawyer to level the playing field. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of car accident victims. Our lawyers will take on insurance companies' sly tactics.

To save money, insurance companies will do anything they can to delay or stop your claim. They may also attempt to avoid responsibility by claiming that your injuries are not directly related to the crash, or they do not require treatment. They could even argue that your crash was the result of a prior medical condition.

In some cases the insurance adjuster may offer a settlement that seems reasonable. This is a trick that many people fall prey to. This offer is lower than the amount you'll must pay to cover medical expenses and other damage.

The law in New York requires all drivers to carry no-fault insurance. It is nevertheless common for people to be injured while driving or riding in another person's vehicle. The most frequent causes of accidents are reckless driving, distracted driving and speeding. Distracted driving occurs when a driver is using devices to send or receive text messages, make phone calls, or listens to music driving. Distracted driving could result in drivers losing control of their vehicle and causing serious accidents. Other causes of accidents are 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 driver accident lawyer can assist you in analyzing the accident to determine the parties that may be accountable for your injuries and the damages. They may also initiate a lawsuit or claim against the driver to collect damages.

The New York criminal code defines reckless driving as the act of operating an automobile in a manner that poses a threat to the lives and safety of other drivers and people on foot or on bicycles. To convict someone of this crime the police officer must show more than just negligence or recklessness. The officer must prove that the driver was aware that their actions could cause an accident or place others in danger.

In certain instances, even a minor traffic violation can be viewed as a form of reckless driving in New York. For example, running a red light or stop sign could result in serious injuries and accidents. If the driver is found to be driving recklessly, they may be convicted of a misdemeanor crime and could face a fine or jail time.

Reckless driving may cause serious injuries to other cyclists, pedestrians, and motorists. Anyone who is found guilty of this offense will have points added to their license and could face large fines. This could lead to a driver's premiums going up substantially. It is important to hire an attorney in New York who will ensure the driver is convicted fairly.

The laws regarding reckless driving in New York are extremely strict and could result in significant penalties, including fines and imprisonment. The severity of the penalty depends on a number of factors, including the severity of the incident and whether there were any aggravating circumstances. A conviction for reckless driving could also result in suspension of a driver's licence.

A seasoned reckless driving accident lawyer will know how to determine the causes of a crash and gather evidence to show your innocence. The evidence could include witness statements and cell phone records to check for distracted driving, photographs and videos of the scene of the crash and official medical reports and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims with the aim of obtaining the maximum amount of compensation for your injuries.


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