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20 Fun Informational Facts About New York Accident Lawyer
A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System

Car accidents are a common event in New York City. Certain accidents could cause serious injuries, even if they are just minor collisions. Anyone injured should dial 911 and seek medical attention right away.

A New York car accident attorney can assist victims with their legal issues following a crash. Sparks injury lawyers can assist in obtaining compensation 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 covered by their own automobile insurance policies for medical expenses, lost wages, and other accident-related expenses. While this system has helped protect car accident victims from being buried due to cost-out-of-pocket but it is essential to know what it does and does not mean.

In order to qualify for the benefits of No-Fault insurance, you have to meet certain criteria. First and foremost, you must be injured in an accident that occurred in New York. You must also be a driver, passenger in the insured vehicle or a bicyclist or pedestrian hit by the vehicle. The person injured must be treated in a hospital or by a licensed medical professional. You must have also suffered "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. All of these injuries are serious and could have a negative impact on the life of a victim. 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 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 can also file a lawsuit in court on behalf of you against the negligent driver who caused the accident.

There is a chance that you will have to pay astronomical medical bills, loss of wages, and other costs after a serious auto accident. No-fault insurance can pay for these, and you should always seek treatment following an accident, even though you feel fine.

If you're unable to return to work, no-fault insurance will pay for 80 percent of your wages lost up to $2,000 per month. It also covers an important portion of your out-of-pocket costs such as the cost of household help.

Insurance companies typically schedule an IME (Independent Medical Examination) or EUO or an Exam under Oath. You must attend these appointments, as not attending could result in the denial of benefits retroactively.

Purely comparative fault

In many car accident cases, the plaintiffs may be partially or fully responsible for the incident. The law allows injured parties to recover damages according to the percentage of fault that can be given to them. This is referred to 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 in order to make them ineligible for financial compensation. Modified comparative fault states typically place the bar between 49 and 51 percent.

In a car accident, the plaintiff must prove two things to be legally responsible for the crash: negligence and causality. Negligence is the act of breaking a law or committing an act with reckless carelessness. The causality is the way the negligence caused the injury. To establish legal liability, the plaintiff must also prove the economic damages that result from their injuries such as medical bills, lost income, and travel expenses for appointments. Non-economic losses include emotional trauma, suffering and pain.

New York is among the 13 states that have a strict comparative-fault law, which means that those who are injured could still be able to claim compensation even if they were partially responsible. However, if the person seeking compensation is found to be more than 50% at the fault, they will be disqualified from claiming damages. In this situation it is essential to work with a skilled attorney.

Comparative fault applies to almost every personal injury or wrongful death case where a victim (or the descendants of the deceased) has suffered emotional or physical damages. However, the concept of comparative fault is somewhat more complex in wrongful death claims.

The principle of comparative fault is crucial to know when filing claims for compensation following an accident in New York. Your lawyer will help you determine the extent of your own responsibility for the accident, and work with insurance companies to ensure that you receive the most compensation you can for your injuries.

Joint and several liability can also be a possibility if there are multiple defendants. This is a method that divides the judgment between all defendants if the jury decides that you are jointly and severally liable for the incident. This is a great way to ensure you get the maximum amount of compensation for your injuries.

Insurance company tactics

The aftermath of a car accident can be equally stressful. Injured victims often have to deal with medical expenses and loss of income from being incapable of working, not to mention their physical pain and emotional stress. Rent and other costs of daily living are also a problem. They don't have to be subjected the strategies of stalling employed by an insurance company to convince them to take low settlement offers.

Insurance companies are in business to earn money. They accomplish this by denial or reducing your claims. Insurance agents will use every trick to deny you the money you deserve. It is essential to find an experienced New York car accident attorney to even the playing field. The attorneys at Mirman Markovits & Landau PC are seasoned in fighting for the rights car accident victims. Our attorneys will fight insurance companies' sly tactics.

To save money insurance companies will do whatever they can to delay or stall your claim. They may also attempt to avoid responsibility by arguing that the injuries aren't connected to the accident or do not require treatment. They may even claim that your accident was the result of a prior medical condition.

In some instances, the insurance adjuster will offer a settlement that appears reasonable. This is a common trick that many people fall for. The offer is significantly less than the amount you need to pay in order to cover your medical expenses and other damage.

The law in New York requires all drivers to have no-fault insurance. It is nevertheless common for people to get injured when driving or riding in another's vehicle. Distracted driving, reckless driving and speeding are among the most common causes of accidents. Distracted driving occurs when a driver is using an electronic device while driving to send or receive texts or phone calls or listen to music. Distracted driving could result in drivers losing control of their vehicle, resulting in serious accidents. Other causes of crashes are drunk driving, road conditions and weather conditions.

Reckless driving

If you've been injured in a car crash caused by reckless driving, you could be entitled to compensation. A New York City reckless driving accident lawyer can assist you determine the cause of the accident and identify the parties responsible for your injuries and losses. They may also make a claim or a lawsuit against the driver to recover your 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 at risk. To convict a person of this crime an officer of the police force must prove more than carelessness or negligence. The officer must prove that the driver was aware that their actions could result in an accident or place others in danger.


Even minor traffic violations can be deemed reckless driving in New York. Driving through a stop sign or red light could cause a serious accident. If a driver is found to be driving recklessly, they could be found guilty of a misdemeanor and face an indictment or a fine.

Unsuspecting driving can cause serious injuries to other cyclists, pedestrians, and motorists. A conviction for this offense could result in the addition of points to your license and hefty fines. This could result in driver's insurance premiums increasing substantially. It is essential to find 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 extremely strict and could result in substantial penalties, including fines and imprisonment. The severity of the penalty is contingent on a number of factors including the severity of the accident and whether or not there were any aggravating circumstances. A conviction for reckless driving could also result in suspension of a driver's licence.

An attorney for reckless driving with experience will be able to determine the causes of an accident and gather evidence to demonstrate your innocence. The evidence could include witness statements and cellphone records to look for distracted driving, photos and videos from the scene of the accident, official medical reports, and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims aimed at obtaining the maximum amount of compensation for your injuries.

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