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Why You Should Concentrate On Enhancing New York Accident Lawyer
A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System

Car accidents are a regular incident in New York City. While the majority of them are simply fender benders, some can result in serious injuries. The injured party should call 911 and seek medical attention immediately.

A New York car accident lawyer can assist victims with their legal needs after an accident. They can assist victims in obtaining compensation for medical expenses as well as lost income.

No-fault Insurance

New York is an insurance no-fault state. This means that all drivers pedestrians, passengers and passengers as well as bicyclists and cyclists are covered automatically by their insurance policies for automobiles. This includes medical costs, lost wages and other costs related to accidents. While this system has helped protect car accident victims from being buried by 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. In the first place, you must be injured in a car accident that occurred in the state of New York. You must also be a driver or passenger in the insured vehicle or a bicyclist or pedestrian who was struck by the vehicle. The person injured must be treated in a hospital or by a licensed medical professional. In addition you must have sustained an "serious injury."

New York State Insurance Law defines serious injuries as a permanent impairment of function or disfigurement. All of these are serious and can have a negative impact on a victim's life. If you have been seriously injured in a New York car accident, an experienced New York injury attorney can help you get the compensation that you deserve.

A lawyer can help you with the legal process in many ways after a serious car accident. They can explain your legal options, conduct an in-depth investigation, and negotiate with the insurance company on your behalf. They may also make a court-filed lawsuit on your behalf against the driver who caused the accident.

Following a serious car crash you could face astronomical medical bills, lost wages, and other expenses. No-fault insurance can cover these costs, and you should always seek out treatment after an accident, even if you feel well.


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 can also cover an important portion of your out-of-pocket expenses such as the cost of household assistance.

Insurance companies often try to deny coverage under no-fault by scheduling an IME or EUO (Independent Medical Examination or Exam Under Oath). You must be present at these appointments, as not attending could result in an appeal to the benefits.

Purely faults that are comparable

In a lot of car accident cases the plaintiffs could be liable in part or full for the incident. The law allows injured parties the right to recover damages according to their percentage of the fault. This is called pure comparative negligence. Pure comparative fault is distinct from modified comparative fault which limits the amount of fault a claimant can be deemed to have to make them ineligible for financial compensation. Modified comparative-fault states usually place the bar between 49 and 51 percent.

In a case involving a car accident the plaintiff's legal liability for the accident rests on proving two things such as negligence and causation. Negligence is the act of breaking a law, or committing a breach of the law with reckless negligence. The causality is the way the negligence caused the injury. To establish legal liability, plaintiffs must also show economic losses, such as medical expenses, lost income or travel expenses resulting from their injuries. 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 injured parties could still be able to claim compensation even if they are partially at fault. If the claimant is found to be more than 50% at fault, then they are barred from claiming damages. In this situation it is crucial to consult with a seasoned 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 can be a bit more complicated in wrongful death cases.

It is crucial to grasp the principle of comparative negligence when submitting 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 that you receive the most compensation you can for your injuries.

In addition, if you have several defendants in your case the concept of joint and multiple liability could apply. This is a system that splits the judgment amongst all defendants if the 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 possible for your injuries.

Strategies of insurance companies

Car accidents can be stressful enough, but the aftermath can be even more challenging. Victims of injuries are often confronted with medical bills, loss of income due to being unable to go to work and physical pain. Rent and other daily expenses are also a problem. The last thing they want is to be sucked into the tactics of an insurance company trying to get them accept a settlement offer that is low.

The reality is that most insurance companies are focused on making money and they do it by denying or cutting claims. Jersey City injury lawyers will employ any strategy to prevent you from receiving the amount you are entitled to. This is why it's crucial to find an New York car accident lawyer to level the playing field. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of car accident victims. Our lawyers will fight insurance companies' sneaky strategies.

In order to save money insurance companies will do anything they can to delay or stall your claim. They will also try and avoid responsibility by arguing that the injuries are not connected to the accident or that they do not require treatment. They might even claim that you had a prior medical issue that is responsible for your crash.

In some instances an insurance adjuster might arrive at an amount for settlement that seems reasonable. This is a classic scam that a lot of people fall for. This offer is lower than the amount you'll must pay to cover your medical expenses and other damages.

New York law requires that every driver have no-fault insurance. However, it is not uncommon for people to be injured when driving or riding in a person's vehicle. Distracted driving, reckless driving, and speeding are some of the most common causes of accidents. Distracted driving occurs when a driver uses a device while driving to send or receive messages, make phone calls, or listen to music. Distracted driving can result in drivers losing control of their vehicle and causing serious accidents. Other causes of crashes are drunk driving, road conditions, and weather.

Reckless driving

You could be entitled to compensation when you've been injured in an accident caused by reckless driving. A New York City reckless driver accident lawyer can assist in analyzing the crash to determine the parties that might be accountable for your injuries and damage. They can also file a lawsuit or claim against the driver in order 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 at risk. In order to convict someone of this crime, a police officer must prove more than carelessness or negligence. The officer must prove that the driver was aware that their actions could cause an accident or put others in danger.

In some instances even a minor traffic infraction can be viewed as a form of reckless driving in New York. Running a stop sign or red light could cause serious accidents. If a driver is caught driving recklessly, he or she might be found guilty of misdemeanor charges and face penalties such as fines or jail time.

Reckless driving can cause severe injuries to pedestrians, other drivers and bicyclists. A conviction for this offense can lead to the addition of points to your license as well as substantial fines. This can result in a driving's premiums rising significantly. It is essential to find 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 quite strict and can result in severe penalties which include fines and even imprisonment. The severity of a penalty depends on a number of factors including the severity of an accident, as well as aggravating circumstances. A reckless driving conviction can also result in the suspension of a driver's license.

A reckless driving accident attorney who has experience will know how investigate the root of the accident and gather evidence to prove your innocence. The evidence could include witness statements as well as cellphone records to look for distracted driving, images and videos taken at the scene of the accident as well as official medical reports and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims that are aimed at getting you the most compensation for your injuries.

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