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20 Trailblazers Leading The Way In New York Accident Lawyer
A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System

Car accidents are a frequent occurrence in New York City. Although the majority of them are just fender benders, some can result in serious injuries. The injured party must immediately contact 911 and seek medical attention.

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

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 related expenses. This system has protected those who have been injured in car accidents from being weighed down by out-of-pocket costs. However it is essential to understand what it means.

To be eligible for No-Fault insurance, you must meet a few criteria. First and foremost you must be injured in a vehicle accident that occurred within 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 an authorized provider. 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. These are all extremely severe injuries, and can have a profoundly negative impact on the victim's life. A New York injury lawyer can help you if you have suffered serious injuries in a New York car accident.

After a serious auto accident A lawyer can help you in a number of ways. They can provide you with legal options, conduct a thorough investigation and negotiate with the insurance company on your behalf. They may also file a lawsuit in court on behalf of you against the negligent driver who caused the accident.

In the aftermath of a serious crash, you may be facing huge medical bills, lost wages and other expenses. No-fault insurance is able to cover these costs, and you should always seek treatment following an accident, even if you feel well.

If you are unable to return work due to an accident, no-fault insurance can pay up to $2,000 in 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 an Exam Under Oath. It is mandatory to attend, since failure to do so may result in retroactive denials of benefits.

Pure faults that are comparable

In a majority of car accident lawsuits plaintiffs are partially or completely accountable for the incident. The law allows the injured party to claim damages according to the proportion of blame that can be assigned to them. This is known as pure comparative fault. Pure comparative fault differs from modified comparative fault which caps the amount of fault the claimant could be considered to have to make them ineligible for financial compensation. Modified comparative fault states typically set the bar between 49 to 51 percent.


In the case of a car crash the plaintiff's legal responsibility for the accident rests on showing two things such as negligence and causation. Negligence is the violation of the law or acting with unreasonable negligence. The cause of the accident is determined by the manner the negligence caused the injury. To establish legal liability the plaintiff must prove the economic damages caused by their injuries, like medical bills, lost income, and travel expenses to appointments. Non-economic losses can include 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 could still be able to claim compensation even if they are partially responsible. If the claimant is found to be more than 50 percent at fault, they are barred from recovering any damages. In this situation, it is important to work with an experienced attorney.

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

It is essential to comprehend the principle of comparative negligence when submitting an insurance claim following an accident in New York. Your lawyer will work with the insurance companies to ensure that you receive the most compensation for your injuries.

Joint and multiple liability may also apply if there are multiple defendants. This is a method that divides the judgment between all defendants in the event that the jury finds that you are jointly and severally responsible for the accident. This is a great method to ensure that you receive the most compensation for your injuries.

Insurance company tactics

Car accidents can be stressful enough, but the aftermath can be even more difficult. The injured victims are often confronted with medical bills, lost income due to being unable to go to work and physical pain. Rent and other daily expenses are also a major concern. The last thing they need is to be subjected to the stalling tactics of an insurance company that is trying to get them to accept a low settlement offer.

Insurance companies exist to earn money. They do this by refusing or reducing your claims. Insurance companies will employ any tactic they can to prevent you from getting 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 are experienced in fighting for the rights of car accident victims. Our attorneys will take on insurance companies and their devious tactics.

Insurance companies will do everything in their power to delay your claim or stall the negotiations in order to save as much as possible. They also try to keep the blame off by claiming that the injuries aren't directly related to the crash or that they do not require treatment. They might even claim that you have a prior medical condition that is to blame for your crash.

In certain cases, an insurance adjuster will come up with a settlement amount that seems reasonable. This is a common trick that many people fall to. In reality, the price will be much 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. It is not uncommon for people to suffer injuries while driving another's vehicle or in their vehicle. Distracted driving, reckless driving, and speeding are some of the most frequent causes of accidents. Distracted driving happens when a driver uses a device to send or receive text messages, make phone calls, or listens to music while behind the wheel. Distracted youtube.com could result in drivers losing control of their vehicle, resulting in 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 assist you determine the cause of the accident and identify all parties who may be accountable for your injuries and losses. They can also initiate a lawsuit or claim against the driver in order to collect 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 people on foot or on bicycles. To find someone guilty, a policeman must show more than just negligence or carelessness. The officer must show that the driver was aware that their actions could cause an accident or place others in danger.

Even minor traffic violations can be deemed reckless driving in New York. For example, running the red light or stopping sign could result in serious injuries and accidents. If the driver is found to be recklessly driving, they could be convicted of a misdemeanor crime and could face an indictment or a fine.

Incorrect driving can cause serious injuries to cyclists, pedestrians, and motorists. A conviction for this offense could result in the addition of points to your driver's license, as well as hefty fines. This could result in driving's premiums rising substantially. It is crucial to employ an attorney in New York who will ensure that the driver is held accountable in a fair manner.

New York's reckless-driving laws are extremely strict and could result in substantial penalties including fines and prison. The severity of the punishment depends on several factors such as the severity of the incident and whether there were any aggravating circumstances. A reckless driving conviction may also result in the suspension of a driver's license.

An attorney for reckless driving with experience will be able to determine the cause of an accident and gather evidence to show your innocence. This could include witness statements and phone records to determine whether the driver was distracted, photographs and videos captured at the scene of the accident, official medical reports and toxicology reports. They will file and defend lawsuits or insurance claims to get you the maximum amount of compensation for your injuries.

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