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It's True That The Most Common New York Accident Lawyer Debate Could Be As Black And White As You Think
A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System

Car accidents are a common event in New York City. Some of these accidents can cause serious injuries even if they're minor accidents. The injured party should immediately call 911 and seek medical attention.

A New York car accident attorney can help victims with their legal issues following the crash. They can assist in obtaining compensation for medical expenses and lost wages.

No-fault Insurance

New York is an insurance no-fault state. This means that motorists pedestrians, passengers, and passengers as cyclists and bicyclists are covered automatically by their insurance policies for automobiles. This includes medical expenses, lost wages and other costs related to accidents. This has helped protect the victims of car accidents from being burdened with out-of pocket expenses. However it is crucial to understand what it means.

To be eligible to benefit from No-Fault insurance, you must meet certain requirements. You must first and foremost be injured in an accident that occurred in New York. You must be a driver, passenger or pedestrian of the insured vehicle. The injured person must be treated at a hospital or an authorized provider. Additionally, you must have suffered an "serious injury."

Serious injuries are defined by the New York State Insurance Law as being a long-lasting and significant loss of function, permanent disfigurement, or death. These are all extremely serious injuries, and could have a significant negative impact on the victim's life. If you have been seriously injured in a New York car accident, an experienced New York injury attorney can assist you in obtaining the compensation you deserve.

In the aftermath of a serious auto crash, a lawyer can assist you in a number of ways. They can help you understand your legal options, conduct a thorough investigation, and bargain with the insurance company on your behalf. They can also make a court-filed lawsuit on your behalf against the negligent driver responsible for the crash.

After a serious car accident you could be faced with massive medical expenses, lost wages and other costs. No-fault insurance can help with these costs as well, and you should seek treatment following an accident, even though you feel well.

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

Insurance companies often schedule an IME (Independent Medical Examination) or EUO, or Exam under Oath. The requirement to attend is that the absence of this could result in retroactive denials of benefits.

Pure faults that are comparable

In a lot of car accident lawsuits, plaintiffs are partially or completely accountable for the crash. The law allows injured parties to recover damages based on the percentage of the blame that is attributable to them. This is known as pure comparative negligence. Pure comparative differs from modified comparative, which limits the amount a person could be found to have in order to keep them from receiving financial compensation. Modified comparative fault states typically place the limit between 49 and 51 percent.

In a car accident, the plaintiff must prove two things to be legally accountable for the accident that is, negligence and causality. Negligence is the violation of an act of law, or committing an act of negligence that is unreasonable. Causation refers to how the negligence directly contributed to the injury. To demonstrate legal responsibility the plaintiff must demonstrate the economic loss caused by their injuries, such as medical bills, lost income and travel expenses to appointments. Non-economic losses are emotional trauma, pain and suffering.


New York is among the 13 states that have a strict comparative fault law, which means that the injured party may still be able to seek compensation if they were partially at fault. However, if the person seeking compensation is found to be more than 50 percent at fault, they are disqualified from claiming damages. In this instance, it's important to consult a knowledgeable attorney.

Comparative fault is applicable to any personal injury or wrongful-death case where the victim (or heirs) have suffered mental or physical injuries. However, the concept of comparative fault is somewhat more complex in wrongful death cases.

The principle of comparative fault is essential to be aware of when filing a claim for compensation after an accident in New York. Your lawyer will assist you determine the severity of your personal responsibility to the accident and work with insurance companies to ensure that you receive the maximum compensation possible for your injuries.

Joint and several liability could also apply if there are multiple defendants. This system divides the verdict among all defendants when a jury finds that you are jointly and severally responsible for the accident. This is a great method to ensure that you receive the highest amount of compensation for your injuries.

The tactics of the insurance company

The aftermath of a car crash can be just as stressful. Victims of injuries often confront medical bills and a loss of income due to being in a position of no work, not to mention their physical pain and emotional stress. They also have to worry about whether they can afford rent and other expenses of daily living. They don't need to be subjected to the stalling tactics used by insurance companies to get them to accept low settlement offers.

The reality is that most insurance companies are focused on making money, and they do it by denying or reducing claims. Insurance agents will use every method to deny you the money you are entitled to. It is important to hire an experienced New York car accident attorney to ensure that you are treated fairly. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of car accident victims. Our attorneys will fight insurance companies' devious strategies.

Insurance companies will do everything in their power to delay your claim or slow the negotiations in order to save as much money as possible. They also try to evade responsibilities by arguing that your injuries are not related to the crash or they do not require treatment. They might even claim that you suffer from a previous medical issue that is responsible for the crash.

In some instances, an insurance adjuster will come up with an amount for settlement that seems reasonable. This is a common scam that a lot of people fall for. In reality, the price will be significantly lower than the amount you will actually have 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 not uncommon for drivers to be injured while driving another person's car or in their own vehicle. The most common causes of accidents are distracted driving, reckless driving, and speeding. Distracted driving occurs when a driver uses devices while driving to send or receive texts, make phone calls, or listen to music. Distracted driving could result in drivers losing control of their vehicle and causing serious accidents. Other causes of crashes include drunk driving, road conditions, and weather conditions.

Reckless driving

If you've been injured in a car crash caused by reckless driving, you may be entitled to compensation. A New York City reckless driving accident lawyer can help you examine the crash to determine all parties that could be liable for your injuries and losses. They may also bring a lawsuit or claim against the driver to recover damages.

The New York criminal code defines reckless driving as the act of operating a vehicle in a manner that puts at risk the lives and safety of other motorists and pedestrians on bicycles. To find someone guilty the police officer has to prove more than mere negligence or carelessness. This means that the police officer must prove that the driver knew their actions were likely to cause an accident or put others in danger.

In some instances even a minor traffic violation could be viewed as a type of reckless driving in New York. For example driving through a red light or stop sign could lead to serious injuries and accidents. If a driver is found to be driving recklessly, they may be found guilty of a misdemeanor and could face either a fine or jail sentence.

Reckless driving may cause serious injuries to motorists, pedestrians and bicyclists. A conviction for this crime can lead to the addition of points to your driver's license, and hefty fines. This could cause driver's insurance rates to rise substantially. Birmingham injury lawyers 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 severe penalties, including fines and prison. The severity of the penalty is contingent on a number of factors such as the severity of the accident and whether or not there were any aggravating circumstances. A reckless driving conviction may also result in suspension of a driver's licence.

An attorney for reckless driving who has experience can determine the root of the accident and gather evidence to prove your innocence. The evidence could include witness statements and phone records to look for distracted driving, photographs and videos of the scene of the accident, official medical reports, and toxicology reports. They will file and litigate lawsuits or insurance claims to secure the highest amount of compensation for your injuries.

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