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The Top 5 Reasons People Win In The New York Accident Lawyer Industry
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 most of them are collisions between cars, some may result in serious injuries. The injured party should immediately contact 911 and seek medical care.

A New York car accident lawyer can help victims with their legal requirements following the crash. They can assist victims in obtaining 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 covered by their personal automobile insurance policies for medical expenses, lost wages, and other incident-related expenses. This system has safeguarded the victims of car accidents from having to pay out-of-pocket costs. However, it is important to understand what it means.

To qualify for No-Fault Insurance You must satisfy certain requirements. You must first and foremost have been injured in an accident in New York. You must be a driver, a passenger or pedestrian in the insured vehicle. The person who was injured must be treated in a hospital or by an authorized provider. Additionally, you must have suffered 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. These are all extremely severe injuries, and can have a devastating negative impact on the life of the victim. If you have been seriously injured in an New York car accident, an experienced New York injury attorney can assist you in getting the compensation that you deserve.

A lawyer can assist with the legal process in numerous ways following a serious auto accident. They can assist you in understanding your legal options, conduct an in-depth investigation, and negotiate with your insurance company. They can also make a court-filed lawsuit on your behalf against the negligent driver who caused the accident.

You could be required to pay astronomical medical costs along with lost wages, and other expenses following a serious car accident. Lincoln accident lawyers can be paid for by no-fault insurance and you should seek medical attention immediately after a car accident even if you feel as if you're in good shape.

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

Insurance companies typically schedule an IME (Independent Medical Examination) or EUO, or Exam Under Oath. You must be present at these appointments, because not attending could result in a retroactive denial of benefits.

Purely faults that are comparable

In many car accident lawsuits, plaintiffs are partly or totally accountable for the incident. The law permits injured parties to recover damages in proportion to the percentage of blame that can be given to them. This is referred to as pure comparative fault. Pure comparative is distinct from modified comparative, which caps the amount a person may be deemed to have in order to keep them from receiving financial compensation. Modified comparative fault states generally set the bar between 49 and 51 percent.

In a car accident the plaintiff must prove two things to be legally responsible for the accident the other being negligence and causality. Negligence refers to breaking a law or committing an act in reckless disregard. Causation refers to how the negligence directly contributed to the injury. To establish legal liability the plaintiff must prove the economic damages that result from their injuries for example, medical bills, lost income, and travel expenses to appointments. Non-economic losses are emotional trauma and pain and suffering.

New York is one of the states that have pure comparative fault laws, which means that injured parties are still able to seek compensation even in the event that they are partly at fault. If the claimant is found to be more than 50% at fault, then they are barred from claiming damages. In this situation it is crucial to consult with a seasoned attorney.

Comparative fault can be applied to any personal injury or wrongful-death instance in which the victim (or their heirs) have suffered mental or physical damages. However the concept of comparative fault is slightly more complicated in wrongful death claims.

The concept of comparative blame is crucial to know when filing claims for compensation following an accident in New York. Your lawyer will help you to determine the extent of your personal responsibility to the accident, and work with insurance companies to ensure that you receive the maximum amount of compensation for your injuries.

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

Strategies of insurance companies

Car accidents are stressful enough, and the aftermath can be more challenging. Injured victims often must deal with medical bills and a loss of income due to being incapable of working and suffer from emotional and physical pain. They also have to worry about how they will pay rent and other daily expenses. The last thing they need is to be subjected to the stalling tactics of an insurance company trying to convince them to accept a low settlement offer.

The truth is that the majority of insurance companies are focused on making money, and they do it by denying or reduction of claims. Insurance agents will use every tactic possible to deny you the compensation you are entitled to. This is why it's essential to work with an New York car accident lawyer to ensure that you are treated equally. The lawyers at Mirman Markovits & Landau PC are seasoned in fighting for the rights car accident victims. Our attorneys will fight insurance companies and their devious tactics.


Insurance companies will do everything they can to delay your claim or stall negotiations to save as much as possible. They will also try to avoid responsibility by claiming that your injuries aren't directly related to the crash, or they do not require treatment. They may even claim that the crash was caused by an earlier medical condition.

In some instances, an insurance adjuster will determine a settlement amount that seems reasonable. This is a common trick that many people fall prey to. In reality, this offer will be significantly lower than what you really need to pay for your medical treatment and other damages.

The law in New York requires all drivers to carry no-fault insurance coverage. It is nevertheless common for people to get injured while driving or riding in a person's vehicle. Distracted driving, reckless driving and speeding are some of the most common causes of accidents. Distracted driving happens when a driver uses devices while driving to send or receive messages or make phone calls or listen to music. Distracted driving could result in drivers losing control of their vehicle and leading to serious accidents. Other causes of accidents are drunk driving, road conditions and weather.

Reckless driving

You may be entitled 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 investigating the crash to determine the parties that may be accountable for your injuries and the damages. They may also bring a lawsuit or claim against the driver to recover your damages.

According to the New York criminal code, reckless driving is defined as driving a vehicle so that it puts other motorists or pedestrians and cyclists in danger. To find someone guilty the police officer has to prove more than mere negligence or recklessness. The officer must demonstrate that the driver was aware that their actions could result in an accident or put others in danger.

In some instances even a minor traffic offense can be considered a form of reckless driving in New York. For instance driving at the red light or stopping sign could cause an accident that is serious and cause injury. If a driver is found to be driving recklessly, they may be found guilty of a misdemeanor offense and be subject to an indictment or a fine.


Incorrect driving can cause serious injuries to other drivers, pedestrians, and bicyclists. A conviction for this crime can result in the addition of points to your driver's license, as well as hefty fines. This could result in driving's premiums rising significantly. It is essential to find a New York reckless driving accident attorney who will ensure the driver is found guilty fairly.

The reckless driving laws in New York are quite strict and can lead to substantial penalties which include fines and even imprisonment. The severity of the penalty depends on a variety of factors including the severity of the accident and whether there were any aggravating circumstances. A reckless driving conviction could also result in the suspension of a driver's licence.

A reckless driving accident attorney who is experienced can determine the cause of an accident and gather evidence to demonstrate your innocence. The evidence could include witness statements, cellphone records to look for distracted driving, images and videos taken at the scene of the crash and official medical reports and toxicology reports. They will prepare and file lawsuits or insurance claims aimed at getting you the most compensation for your injuries.


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