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The Ultimate Glossary Of Terms About New York Accident Lawyer
A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System

New York City is a city where car accidents are a common occurrence. While most of them are fender benders, some can result in serious injuries. The injured party should immediately call 911 and seek medical care.

A New York car accident lawyer can help victims with their legal needs after 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 drivers pedestrians, passengers, and passengers as well as bicyclists and cyclists are covered by their automobile insurance policies. This includes medical expenses, lost wages, and other costs related to accidents. While this has helped to protect car accident victims from being buried due to cost-out-of-pocket, it is important to know exactly what it means and does not mean.

In order to qualify to benefit from No-Fault insurance, it is necessary to meet certain criteria. First and foremost, you must be injured in a motor vehicle accident that occurred within the state of New York. You must also be a driver, passenger in the vehicle insured, or a bicyclist or pedestrian hit by the vehicle. The person injured must be treated at an accredited hospital or provider. Additionally you must have sustained a "serious injury."

New York State Insurance Law defines serious injuries as a permanent impairment of function or disfigurement. 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 a New York car accident, an experienced New York injury attorney can assist you in getting the compensation that 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 may also bring a lawsuit to 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 costs. These costs can be paid for by no-fault insurance and you should seek treatment immediately following a car crash even if you feel like you're fine.

If you're unable to return to work, no fault will pay 80 percent of your lost wages up to $2,000 per month. It also covers a large portion of the cost you incur out-of-pocket which includes the cost of household assistance.

Insurance companies typically schedule an IME (Independent Medical Examination) or EUO, or an Exam Under Oath. The requirement to attend is that failing to attend could result in retroactive denials of benefits.

Pure faults that are comparable

In a lot of car accident cases plaintiffs may be partially or fully responsible for the incident. The law permits injured parties to seek damages in proportion to the percentage of the blame that is assigned to them. This is called pure comparative negligence. Pure comparative fault is distinct from modified comparative fault, which limits the amount of fault that an individual claimant is deemed to have in order to exclude them from receiving financial compensation. Modified comparative fault states usually set the bar between 49 and 51 percent.

In a car accident 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. Causation refers to the way in which the negligence directly led to the injury. To establish legal liability, plaintiffs must also show economic losses, like medical expenses, lost income, and travel expenses that result from their injuries. Non-economic losses include emotional trauma as well as pain and suffering.

New York is among the 13 states with a pure comparative fault law, which means that injured parties may still be able to claim compensation even if they were partially at fault. However, if the person seeking compensation is found to be more than 50 percent at fault, they will be barred from recovering any damages. In this situation it is essential to consult a knowledgeable attorney.

Comparative fault applies to any personal injury or wrongful-death instance in which the victim (or the heirs) have suffered mental or physical injuries. However the concept of comparative fault is a bit more complicated in wrongful death claims.

It is crucial to grasp the concept of comparative negligence when filing a compensation claim after an accident in New York. Your lawyer will assist you determine the severity of your own contribution to the accident, and work with insurance companies to ensure you receive the maximum compensation possible for your injuries.

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

Insurance company tactics

Car accidents can be stressful enough, but the aftermath can be even more challenging. The victims of injuries typically confront medical expenses and loss of income due to being incapable of working, not to mention their emotional and physical pain. They also have to worry about how they will pay rent and other daily expenses. They don't have to be subjected to the stalling tactics used by insurance companies to try and get them to accept lower settlement offers.

The truth is that the majority of insurance companies are focused on making money and they do this by denial or reducing claims. Insurance companies will employ any method to stop you from receiving the compensation you are entitled to. This is why it is crucial to find a New York car accident lawyer to make sure that the playing field is level. The attorneys 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' devious tactics.

To save money insurance companies will do whatever they can to delay or stop your claim. They also try to keep the blame off by claiming that the injuries are not directly related to the crash or that they do not require treatment. They might even claim that you had a prior medical condition that is to blame for the crash.

In certain cases the insurance adjuster might offer a settlement that seems reasonable. This is a trick that a lot of people fall to. In reality, this offer is significantly less than what you actually need to pay for medical treatment and other damages.


The law in New York requires all drivers to carry no-fault insurance. It is nevertheless common for people to become injured while driving or riding in a person's vehicle. Distracted driving, reckless driving and speeding are some of the most common causes for accidents. Distracted driving happens when a driver is using a device to send or receive text messages, make phone calls, or listens to music while behind the wheel. Distracted driving can result in drivers losing control of their vehicle and causing serious accidents. Other causes of accidents are drunk driving, road conditions and weather.

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 accountable for your injuries and damage. They can also bring a lawsuit or claim against the driver to recover 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 must prove more than just negligence or recklessness. Iowa City injury lawyer YouTube means that the police officer must show that the driver knew their actions could cause an accident or put others at risk.

Even minor traffic violations can be considered reckless driving in New York. A violation of a stop sign, or a red light can result in an accident that is serious. If a driver is found driving recklessly, they could be found guilty of misdemeanors and be subject to fines or jail time.

Incorrect driving can cause serious injuries to pedestrians, other drivers and bicyclists. A conviction for this type of offense can result in the addition of points to your license, and hefty fines. This could cause drivers' insurance rates to increase significantly. It is crucial to employ a New York reckless driving accident attorney who will ensure that the driver is held accountable fairly.

New York's reckless driving laws are extremely strict and could result in substantial penalties that include fines and jail time. The severity of the penalty depends on a variety of factors including the severity of the incident and whether there were any aggravating circumstances. A reckless driving conviction can also result in a driver's license being suspended.

A reckless driving accident attorney who is experienced can determine the root of the accident and gather evidence to show your innocence. This evidence might include witness statements, cell phone records to check for distracted driving, images and videos from the scene of the crash, official medical reports, and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims aimed at getting you maximum compensation for your injuries.

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