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Three Greatest Moments In New York Accident Lawyer History
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 most of them are fender benders, some can cause serious injuries. The injured party should immediately call 911 and seek medical attention.

A New York car accident attorney can help victims with their legal issues after a crash. They can help victims obtain compensation for medical expenses and lost income.

No-fault Insurance

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

To be eligible to benefit from No-Fault insurance, it is necessary to meet certain requirements. First of all you must have been injured in a car accident that took place in the state of New York. You must be a driver, passenger or pedestrian in the insured vehicle. The person who was injured must be treated in a hospital or by a certified provider. You must be able to prove that you suffered "a serious injury."

Serious injuries are defined by the New York State Insurance Law as a lasting and substantial loss of function, permanent disfigurement, or death. These are all extremely serious injuries, and can have a profoundly negative impact on the person's life. If you've been injured in a New York car accident, an experienced New York injury attorney can assist you in obtaining the compensation you're due.


A lawyer can assist with the legal process in a variety of ways after a serious car accident. They can assist you in understanding your legal options, conduct an in-depth investigation, and negotiate with your insurance company. They may also bring a lawsuit to court on behalf of you against the driver who caused the accident.

Following a serious car crash you could face massive medical bills, lost wages and other costs. These costs can be paid for by no-fault insurance and you should seek treatment immediately following a car crash, even if it feels like you're 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 can also cover a large portion of your out-of-pocket expenses such as the cost of household help.

Insurance companies will often attempt to deny coverage under no-fault by scheduling an IME or EUO (Independent Medical Examination or Exam under Oath). You must attend these appointments, because not attending could result in the denial of benefits retroactively.

Pure faults that are comparable

In a majority of car accident lawsuits, the plaintiffs are either completely or partially accountable for the incident. The law gives injured parties the right to be compensated in proportion to their share of the fault. This is known as pure comparative fault. Pure comparative is different from modified comparative, which limits the amount a claimant could be found to have to prevent them from receiving financial compensation. Modified comparative-fault states usually place the bar between 49 to 51 percent.

In the event of a car crash, the plaintiff must prove two things to be legally accountable for the accident: negligence and causality. Negligence refers to breaking a law or committing an act with unreasonable carelessness. The causality is the way that the negligence led to the injury. To establish legal liability the plaintiff has to prove the economic damages that result from their injuries such as medical bills, lost income, and travel expenses to appointments. Non-economic losses include emotional trauma as well as pain and suffering.

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

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

The concept of comparative blame is essential to be aware of when making a claim for compensation after an accident in New York. Your lawyer will assist you determine the extent of your own responsibility for the accident and will work with insurance companies to ensure that you receive the most compensation you can for your injuries.

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

Insurance Company Tactics

Car accidents can be stressful enough, and the aftermath can be even more difficult. Victims of injuries are often confronted with medical bills, loss of income due to being unable to work or suffer 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 subjected the tactics of an insurance company trying to get them accept a settlement offer that is low.

Insurance companies exist to earn money. They do this by refusing or reducing your claims. Insurance representatives will use any strategy to prevent you from receiving the compensation you deserve. This is why it is crucial to find 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 victims of car accidents. Our lawyers will take on insurance companies and their sneaky tactics.

Insurance companies will do everything in their power to delay your claim or stop negotiations to save as much money as possible. They will also try to avoid accountability by arguing that your injuries are not related to the crash or do not require treatment. They may even argue that you have a prior medical issue that is responsible for your crash.

In some instances, the insurance adjuster will offer a settlement that seems reasonable. This is a trick that many people fall to. This offer is lower than the amount you have to pay to cover your medical expenses and other damage.

New York law requires that all drivers carry no-fault coverage. It is not unusual for people to sustain injuries while driving another's vehicle or in their own vehicle. The most common causes of accidents are reckless driving, distracted driving, and speeding. Distracted see this here occurs when a driver uses an electronic 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 and result in serious crashes. Other causes of crashes include drunk driving, road conditions and weather conditions.

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 help you in investigating the crash to determine all parties that could be accountable for your injuries and damages. They may also file a claim or lawsuit 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 at risk. To convict a person of this crime, a police officer must demonstrate more than mere carelessness or negligence. This means that the police officer must prove that the driver was aware of their actions were likely to cause an accident or put others in danger.

In certain instances even a minor traffic violation can be viewed as a form of reckless driving in New York. A violation of a stop sign, or a red light could cause serious accidents. If a driver is found to be driving recklessly, they could be found guilty of a misdemeanor offense and be subject to either a fine or jail sentence.

Incorrect driving can cause serious injuries to other motorists, pedestrians and bicyclists. Anyone who is found guilty of this offense will receive points added to their license and could face massive fines. This could cause driver's insurance rates to increase significantly. It is essential to find 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 very strict and can result in substantial penalties including fines and jail time. The severity of a penalty depends on a variety of factors including 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 license.

An attorney for reckless driving with experience will know how investigate the causes of an accident and gather evidence to show your innocence. This could include witness statements and cellphone records to look for distracted driving, photographs and videos from the scene of the crash as well as official medical reports and toxicology reports. They will file and litigate lawsuits or insurance claims to get you the maximum amount of compensation for your injuries.

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