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"The New York Accident Lawyer Awards: The Best, Worst And Most Bizarre Things We've Seen
A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System

New York City is a city where car accidents are frequent. Certain accidents could cause serious injuries even if they're only minor collisions. Anyone injured should dial 911 and seek medical attention as soon as possible.

A New York car accident attorney can help victims with their legal issues following an accident. They can help victims obtain 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 covered by their personal automobile insurance policies for medical expenses, lost wages, and other incident-related expenses. This system has safeguarded those who have been injured in car accidents from being weighed down by out-of-pocket costs. However, it is important that you understand what it means.

To be eligible for No-Fault insurance you must satisfy some requirements. First and foremost, you must be injured in a car accident that occurred in the state of New York. You must be a passenger, driver or pedestrian in the insured vehicle. The person injured must be treated in a hospital or by a certified medical professional. In addition you must have sustained an "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. These are all extremely severe injuries, and can have a profoundly negative impact on the victim's life. If you have been seriously injured in an New York car accident, an experienced New York injury attorney can help you get the compensation you deserve.

A lawyer can assist you with the legal process in many ways after a serious car accident. They can help you understand your legal options, perform an extensive investigation, and negotiate with your insurance company. They can also initiate a court action on your behalf against the person who caused the accident.

After a serious car accident, you may be facing huge medical bills, lost wages and other expenses. No-fault insurance is able to pay for these as well, and you should seek treatment following a crash, even if you feel well.

If you are unable to return to work because of an injury, no fault insurance will cover up to $2,000 of lost wages per month. It can also cover a large portion of your out-of-pocket costs such as the cost of household assistance.

Insurance companies frequently try to deny coverage under no-fault by arranging an IME or EUO (Independent Medical Examination or Exam under Oath). You must attend these appointments, as not attending could result in a retroactive denial of benefits.

Pure faults of a comparative nature

In many car accident cases plaintiffs may be liable in part or full for the incident. The law grants injured parties the right to receive damages based on their percentage of fault. This is known as pure comparative fault. Pure comparative is different from modified comparative, which limits the amount that a claimant may be deemed to have in order to keep the claimant from obtaining financial compensation. Modified comparative fault states generally place the limit between 49 and 51 percent.

In a car accident case, the plaintiff's legal responsibility for the accident is contingent upon demonstrating two things such as negligence and causation. Negligence is the violation of an act of law, or committing an act of negligence that is unreasonable. Causation is the process by which the negligence directly led to the injury. To establish legal liability, plaintiffs must also show economic losses, including medical expenses, lost income, and travel expenses that result from their injuries. Non-economic losses include emotional trauma and suffering and pain.

New York is among the 13 states with a pure comparative fault law, which means that the injured party could still be able to seek compensation if they were partially responsible. If the claimant is found more than 50 percent responsible, they are unable to claim damages. In this case, it is important to consult with a seasoned attorney.

Comparative fault can be applied to any personal injury or wrongful-death instance in which the victim (or the heirs) have suffered mental or physical injuries. The concept of comparative fault is more complex in the case of wrongful death.

The concept of comparative blame is crucial to know when filing a claim for compensation after an accident in New York. Your lawyer will work with the insurance companies to get you the maximum compensation for your injuries.

Additionally, if you have several defendants in your case the concept of joint and several liability may apply. The system splits the verdict between all defendants in the event that a jury finds that you are jointly and severally responsible for the accident. This is a great way to ensure that you receive the most compensation for your injuries.

Strategies of insurance companies


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

The reality is that most insurance companies are in the business of making money and they do this by denying or cutting claims. Insurance agents will use every trick to deny you the money you deserve. It is crucial to employ an experienced New York car accident attorney to level the playing field. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of victims of car accidents. Our attorneys will stand up to insurance companies and their shady tactics.

To save money, insurance companies will do anything they can to delay or stall your claim. They will also try to evade responsibilities by arguing that your injuries aren't caused by the crash or do not require treatment. They might even claim that you suffer from a previous medical issue that is responsible for your crash.

In some cases, an insurance adjuster will come up with a settlement amount that seems reasonable. This is a classic scam that many people are enticed by. In reality, the price will be significantly lower than the amount you will actually have to pay for your medical treatment and other damages.

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 person's vehicle. Some of the most common causes of accidents are distracted driving, reckless driving, and speeding. Distracted driving happens when a driver is using an electronic device while driving to send or receive texts, make phone calls, or listen to music. Distracted driving can cause drivers to lose control of their vehicles, resulting in serious accidents. Other causes of accidents include drunk driving weather conditions, road conditions and road conditions.

Reckless driving

If you've suffered injuries 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 investigate the crash to identify the parties responsible for your injuries and losses. Kenner injury lawyers can also make a claim or a lawsuit 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 cyclists, pedestrians, and cyclists in danger. To convict a person of this crime, a police officer must prove more than negligence or recklessness. The officer must prove that the driver was aware that their actions could have caused an accident or place others in danger.

In some cases even a minor traffic offense can be considered a form of reckless driving in New York. For instance driving through the red light or stopping sign could lead to an accident that is serious and cause injury. If a driver is caught driving recklessly, he or she may be convicted of misdemeanor charges and face fines or jail time.

Unsuspecting driving can cause serious injuries to pedestrians, other drivers, and bicyclists. Anyone who is found guilty of this offense will receive points added to their license and may be subject to large fines. This could cause drivers' insurance rates to go up significantly. It is crucial to employ an New York reckless driving accident attorney who will ensure the driver is found guilty in a fair manner.

The reckless driving laws in New York are extremely strict and could result in substantial penalties which include fines and even imprisonment. The severity of the penalty depends on several factors including the severity of the incident and whether or not there were aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver's license.

A seasoned reckless driving accident lawyer knows how to determine the cause of a collision and gather evidence that will show your innocence. The evidence could include witness statements, phone records to check if the driver was distracted, photographs and videos captured at the scene of the accident, medical reports from the official and toxicology reports. They will file and litigate insurance claims or lawsuits to secure the highest compensation for your injuries.

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