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10 Meetups About New York Accident Lawyer You Should Attend
A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System

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

A New York car accident attorney can assist victims with legal issues after the crash. Springfield injury attorneys can help victims get compensation for medical expenses as well as lost income.

No-fault Insurance

New York is a no-fault insurance state, which means that drivers passengers, pedestrians, and bicyclists are automatically protected by their own auto insurance policies for medical expenses, lost wages, and other accident-related expenses. This has helped protect the victims of car accidents from being weighed down by out-of-pocket costs. However it is crucial to know what it means.

To be eligible for No-Fault Insurance you must satisfy certain requirements. You must first and foremost have been injured in an accident that occurred in New York. You must be a driver, passenger or pedestrian of the insured vehicle. The person injured must be treated at an accredited hospital or 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 permanent and substantial loss of function, permanent disfigurement, or death. All of these injuries are severe and could have a negative impact on a victim's life. A New York injury lawyer can assist you if you've been injured in a serious New York car accident.

Following a serious car accident An attorney can assist you in a number of ways. They can help you understand your legal options, conduct an in-depth investigation, and negotiate with your insurance company. They may also file a lawsuit in court on your behalf against the driver who caused the accident.

After a serious car accident you could be faced with huge medical bills, lost wages and other expenses. These costs can be covered by no-fault insurance, and you should seek medical attention immediately following a collision even if it seems as if you're in good shape.

If you are unable to return to work because of an injury, no-fault insurance will pay up to $2,000 for lost wages per month. It will also cover a large portion of the cost you incur out-of-pocket, including the cost of household help.

Insurance companies often schedule an IME (Independent Medical Examination) or EUO, or an Exam Under Oath. You must be present at these appointments, since failure to attend could result in the denial of benefits retroactively.

Pure faults that are comparable

In many cases of car accidents plaintiffs may be held to be fully or partially responsible for the accident. The law permits injured parties to seek damages in proportion to the percentage of fault that can be attributable to them. This is referred to as pure comparative fault. Pure comparative differs from modified comparative, which caps the amount a claimant could be considered to have to prevent them from being eligible for financial compensation. Modified comparative fault states typically set the limit between 49 and 51 percent.

In a car accident, the plaintiff must prove two things in order to be legally responsible for the crash that is, negligence and causality. Negligence refers to breaking a law or acting in reckless disregard. Causation is the process by which the negligence directly led to the injury. To establish legal liability the plaintiff must demonstrate the economic loss caused by their injuries, for example, medical bills, lost income, and travel expenses for appointments. Non-economic losses include emotional trauma as well as suffering and pain.

New York is among the 13 states that have a strict comparative fault law, which means that those who are injured can still seek compensation if they were partially at fault. However, if the claimant is found to be more than 50% at the fault, they will be barred from recovering any damages. In this instance it is crucial to work with a skilled attorney.


Comparative fault applies to any personal injury or wrongful death case in which the victim (or the heirs) have suffered physical or mental damages. However, the concept of comparative fault can be slightly more complicated in the case of wrongful death claims.

It is essential to comprehend the concept of comparative negligence before filing a compensation claim after an accident in New York. Your lawyer will negotiate with insurance companies to ensure that you receive the most compensation for your injuries.

Joint and several liability can also apply if there are multiple defendants. This is a system that splits the judgment amongst all defendants if the jury decides that you are jointly and severally responsible for the incident. This is a great method to ensure that you receive the highest compensation for your injuries.

Insurance Company Tactics

Car accidents can be stressful enough, but the aftermath can be more challenging. Injured victims are often confronted with medical bills, lost income due to being unable to work or suffer physical discomfort. Rent and other daily expenses are also a major concern. They don't need to be subjected to the stalling tactics used by insurance companies to convince them to take low settlement offers.

Insurance companies exist to earn money. They accomplish this by denial or reducing your claims. Insurance agents will use every tactic possible to deny you the compensation you deserve. It is important to hire an experienced New York car accident attorney to even 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 take on insurance companies and their shady tactics.

Insurance companies will do all they can to delay your claim or stop the negotiations in order to save as much money as possible. They also try to keep the blame off by claiming that the injuries aren't related to the accident or that they do not require treatment. They might even claim that your crash was caused by a previous medical condition.

In certain cases, the insurance adjuster will offer a settlement that appears reasonable. This is a common trick that a lot of people fall to. The offer is significantly less than the amount you must pay to cover your medical expenses and other damage.

New York law requires that every driver have no-fault insurance. However, it is common for people to be injured when driving or riding in another's vehicle. Distracted driving, reckless driving and speeding are among the most frequent causes of accidents. Distracted driving is when a driver is using devices to send or receive text messages, makes phone calls, or listens to music behind the wheel. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious accidents. Other causes of crashes are drunk driving, road conditions, and weather.

Reckless driving

You could be entitled to compensation for injuries sustained in an accident caused by reckless driving. A New York City reckless driver accident lawyer can assist in analyzing the accident to determine who may be responsible for your injuries and damage. They can also file a lawsuit or claim against the driver to claim damages.

The New York criminal code defines reckless driving as operating the vehicle in a way that endangers 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 recklessness. The officer must demonstrate that the driver was aware that their actions could cause an accident or place others in danger.

In some instances even a minor traffic infraction can be viewed as a form of reckless driving in New York. For instance driving through a red light or stop sign could cause serious injuries and accidents. If a driver is caught driving recklessly, they may be convicted of misdemeanors and be subject to penalties such as fines or jail time.

Reckless driving may cause serious injuries to pedestrians, bicyclists, and motorists. A conviction for this offense could result in the addition of points to your license, as well as hefty fines. This could cause driver's insurance rates to go up significantly. It is crucial to employ an attorney in New York who will ensure that the driver is held accountable in a fair manner.

The laws governing reckless driving in New York are very strict and could result in substantial penalties which include fines and even imprisonment. The severity of a penalty depends on a variety of factors like the severity of the accident and whether there were aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's licence.

A reckless driving accident attorney who is experienced can determine the root of the accident and gather evidence to prove your innocence. The evidence could include witness statements, phone records to check if the driver was distracted, photographs and videos taken 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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