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20 Resources That Will Make You More Effective At New York Accident Lawyer
A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System

Car accidents are a regular event in New York City. Some of these accidents can cause serious injuries, even if they are only minor collisions. Injured parties should call 911 and seek medical attention as soon as possible.

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

No-fault Insurance

New York is a no-fault insurance state which means that motorists passengers, pedestrians and bicyclists are automatically covered by their own automobile insurance policies for medical, lost wages, and other incident-related expenses. While this system has protected car accident victims from being buried by expenses out of pocket, it is important to know what it does and does not mean.

To be eligible to benefit from No-Fault insurance, it is necessary to meet certain criteria. First of all you must be injured in a motor vehicle accident that occurred in the state of New York. You must be a passenger, driver or pedestrian of the insured vehicle. The person injured must be treated at an accredited hospital or provider. You must also have suffered "a serious injury."

New York State Insurance Law defines serious injuries as a permanent impairment of function or disfigurement. These are all extremely serious injuries, and could have a significant negative impact on the life of the victim. A New York injury lawyer can assist you if been injured in a serious New York car accident.

Following a serious car accident, a lawyer can assist you in a variety of ways. They can help you understand your legal options, perform an in-depth investigation and negotiate with your insurance company. They can also initiate a court action on your behalf against the driver who caused the crash.

There is a chance that you will have to pay for astronomical medical expenses as well as lost wages, and other expenses following a serious car accident. No-fault insurance is able to help with these costs as well, and you should seek treatment after an accident, even though you feel well.

If you are unable return to work, no-fault insurance will cover 80 percent of your wages lost up to $2,000 per month. It can also cover many of your out of pocket costs, including the cost of household assistance.

Insurance companies frequently try to deny coverage under no-fault by arranging an IME or EUO (Independent Medical Examination or Exam under Oath). You must be present at these appointments, as failing to do so could result in the denial of benefits retroactively.

Pure comparative fault

In many car accident lawsuits, the plaintiffs are either completely or partially accountable for the crash. The law allows injured parties to receive damages based on their percentage of the fault. This is referred to as pure comparative fault. Pure comparative is different from modified comparative, which caps the amount a claimant may be deemed to have to prevent the claimant from obtaining financial compensation. Modified comparative fault states generally place the bar between 49 and 51 percent.

In a car accident case the plaintiff's legal liability for the accident is contingent upon demonstrating two things: negligence and causation. Negligence is the act of breaking a law or acting in reckless disregard. The cause of the accident is determined by the manner the negligence caused the injury. To prove legal responsibility, the plaintiff must also demonstrate the economic loss that result from their injuries for example, medical bills, lost income, and travel costs to appointments. Other non-economic losses include emotional trauma and suffering and pain.

New York is one of the states that have absolute comparative fault laws, which means that injured parties can still seek recovery in the event that they are partly at fault. If the claimant is found to be more than 50 percent at fault, they are not able to claim damages. In this situation it is crucial to consult with a seasoned attorney.


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

The principle of comparative fault is crucial to know when making a claim for compensation after an accident in New York. Your lawyer will collaborate with insurance companies to ensure that you receive the most compensation for your injuries.

Joint and several liability could also apply if there are multiple defendants. This is a system that splits the judgment amongst all defendants in the event that the jury determines that you are jointly and severally liable for the incident. This is a great method to ensure that you receive the most compensation for your injuries.

The tactics of the insurance company

The aftermath of a car accident can be as stressful. Victims of injuries often must deal with medical expenses and loss of income as a result of being incapable of working, not to mention their physical pain and emotional stress. They also have to think about how they will pay rent and other expenses of daily living. The last thing they want is to be sucked into the tactics of an insurance company who is trying to get them accept a settlement offer that is low.

Insurance companies are in business to earn money. They accomplish this by denial or reducing your claims. Insurance companies will employ any method to stop you from receiving the compensation you deserve. It is important to hire an experienced New York car accident attorney to level the playing field. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of the victims of car accidents. Our attorneys will fight insurance companies' sneaky strategies.

Insurance companies will do everything they can to delay your claim or stop the process to save as much as possible. They may also attempt to avoid accountability by arguing that your injuries are not directly related to the crash, or that they don't require treatment. They might even claim that you suffer from a previous 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 typical scam that many people are enticed by. In reality, this offer is significantly less than what you actually need to pay for your medical treatment and other damages.

New York law requires that all drivers have no-fault insurance. It is not uncommon for drivers to be injured when driving a vehicle of another or in their own vehicle. Some of the most common causes of accidents include 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 behind the wheel. Distracted driving could result in drivers losing control of their vehicle, resulting in serious accidents. Other causes of accidents are drunk driving weather conditions, road conditions and road conditions.

Reckless driving

If you've suffered injuries in a car accident caused by reckless driving, you could be entitled to compensation. A New York City reckless driver accident lawyer can assist in investigating the crash to determine the parties that may be responsible for your injuries and damages. They may also make a claim or lawsuit against the driver to recover damages.

According to the New York criminal code, reckless driving is defined as driving a vehicle in a manner that it puts other drivers or pedestrians and cyclists in danger. In order to convict someone of this crime an officer of the police force must demonstrate more than mere negligence or recklessness. The officer must prove that the driver was aware that their actions could result in an accident or place others in danger.

In certain instances even a minor traffic offense could be viewed as a type of reckless driving in New York. Running youtube.com or red light can result in an accident that is serious. If a driver is found driving recklessly, he or she may be convicted of misdemeanor charges and face fines or even jail time.

Unsuspecting driving can cause serious injuries to cyclists, pedestrians, and motorists. If convicted of this offense will receive points added to their licenses and could be subject to large fines. This could cause driver's insurance rates to go up significantly. It is important to hire an attorney in New York who will ensure that the driver is held accountable in a fair manner.

The laws regarding reckless driving in New York are very strict and can result in significant penalties, including fines and jail time. The severity of a penalty is contingent on a number of factors including 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.

A seasoned reckless driving accident lawyer will know how to determine the cause of a collision and gather evidence to prove your innocence. This evidence could include witness statements as well as phone records to determine if the driver was distracted, photographs and videos taken at the scene of the accident, medical reports from the official and toxicology reports. They will prepare and file lawsuits or insurance claims with the aim of getting you the most compensation for your injuries.

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