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Three Greatest Moments In New York Accident Lawyer History
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're just minor collisions. Anyone injured should dial 911 and seek medical attention right away.

A New York car accident lawyer can help victims with their legal requirements after a crash. They can assist in obtaining compensation for their medical bills and lost wages.

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, lost wages, and other related expenses. While this system has helped protect car accident victims from being buried by cost-out-of-pocket but it is essential to understand exactly what it does and does not mean.

In order to qualify for the benefits of No-Fault insurance, you must 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 be a passenger, driver or pedestrian in the insured vehicle. The person injured must be treated in a hospital or by a licensed provider. In addition you must have suffered a "serious injury."

New York State Insurance Law defines serious injuries as permanent loss of function or disfigurement. 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 suffered serious injuries in a New York car accident.

Following a serious car accident, a lawyer 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 make a court-filed lawsuit on behalf of you against the driver responsible for the crash.

In the aftermath of a serious crash you could be faced with massive medical bills, lost wages and other expenses. No-fault insurance is able to pay for these as well, and you should seek treatment after an accident, even if you feel fine.

If you cannot return to work due to an injury, no-fault insurance will cover up to $2,000 of lost wages per month. It also covers an important portion of your out-of-pocket expenses, including the cost of household assistance.

Insurance companies will often schedule an IME (Independent Medical Examination) or EUO or Exam under Oath. You must show up for these appointments, since not attending could result in an appeal to the benefits.

Purely comparative fault

In a lot of car accident lawsuits plaintiffs are partially or completely responsible for the accident. The law grants injured parties to be compensated according to their percentage of the fault. This is referred to as pure comparative fault. Pure comparative is different from modified comparative, which caps the amount a person could be found to have in order to keep them from being eligible for financial compensation. Modified comparative-fault states usually place the bar between 49 to 51 percent.

In a car accident case the plaintiff's legal liability for the crash depends on showing two things such as negligence and causation. Negligence is the violation of a law, or committing a breach of the law with reckless negligence. Causation is the process by which the negligence directly led to the injury. To establish legal liability the plaintiff must 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 as well as pain and suffering.

New York is one of the 13 states with pure comparative fault laws, which means that those who have suffered may still pursue recovery even if they are partially at the fault. However, if the claimant is found to be more than 50% at fault, they are disqualified from claiming damages. In this situation it is crucial to consult a knowledgeable lawyer.


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

It is essential to comprehend the principle of comparative negligence before filing a compensation claim after an accident in New York. Your lawyer will help you to determine the extent of your personal responsibility to the accident, and work with insurance companies to ensure you receive the most compensation you can for your injuries.

In addition, if you have multiple defendants in your case, the concept of joint and multiple liability may apply. This is a method which splits the verdict among all defendants in the event that the jury determines that you are jointly and severally responsible for the accident. This is a great way to ensure that you get the maximum amount of compensation for your injuries.

The tactics of the insurance company

The aftermath of a car crash can be just as stressful. Victims of injuries often must deal with medical expenses and loss of income as a result of being unable to work and suffer from physical pain and emotional stress. Rent and other costs of daily living are also a problem. The last thing they want is to be subjected to the stalling tactics of an insurance company that is trying to convince them to accept a low settlement offer.

Insurance companies are in business to earn money. They do this by denying or reduce your claims. Insurance representatives will use any strategy to prevent you from receiving the compensation you are entitled to. It is essential to find an experienced New York car accident attorney to level the playing field. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of victims of car accidents. Our lawyers will fight insurance companies' sly strategies.

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

In certain cases an insurance adjuster might come up with an amount of settlement that appears reasonable. This is a common trick that many people fall to. In reality, the price will be significantly lower than what you really need to pay for your medical treatment and other damages.

The law in New York requires all drivers to have no-fault insurance. However, it is common for people to become injured while driving or riding in another person's vehicle. Distracted driving, reckless driving, and speeding are among the most common causes for accidents. Distracted driving happens when a driver uses devices 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 and result in serious crashes. Other causes of crashes include drunk driving, road conditions and weather conditions.

Reckless driving

If you've suffered injuries in a car crash caused by reckless driving, you could be entitled to compensation. A New York City reckless driver accident lawyer can assist you in analyzing the crash to determine all parties that may be responsible for your injuries and damage. They may also initiate a lawsuit or claim against the driver in order to recover damages.

The New York criminal code defines reckless driving as operating an automobile in a manner that endangers the lives and safety of others on the road and pedestrians on bicycles. To convict someone of this crime, a police officer must prove more than carelessness or negligence. The officer must demonstrate that the driver was aware that their actions could result in an accident or put others in danger.

In some instances even a minor traffic violation can be viewed as a form of reckless driving in New York. Running a stop sign or red light can result in serious accidents. If a driver is found driving recklessly, he or she may be convicted of misdemeanors and be subject to penalties such as fines or jail time.

Reckless driving can cause severe injuries to other drivers, pedestrians, and bicyclists. A conviction for this crime could result in the addition of points to your license, and hefty fines. This can cause a driver's insurance rates to go up substantially. Fort Myers injury attorneys is crucial to employ an attorney in New York who will ensure the driver is convicted fairly.

The laws governing reckless driving in New York are extremely strict and could result in severe penalties which include fines and even imprisonment. The severity of the penalty depends on a variety of factors including the severity of an accident and whether there were aggravating circumstances. A reckless driving conviction could also result in a driver's license being suspended.

An experienced reckless driving accident lawyer will know how to find out the causes of a crash and gather evidence to prove your innocence. The evidence could include witness statements and phone records to determine whether the driver was distracted, photographs and videos of the scene of the accident, official medical reports and toxicology reports. They will file and defend insurance claims or lawsuits to get you the maximum amount of compensation for your injuries.

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