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The Ultimate Glossary Of Terms For New York Accident Lawyer
A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System

New York City is a city where car accidents are a common occurrence. Certain accidents could cause serious injuries, even if they are only minor collisions. The injured party should immediately contact 911 and seek medical attention.

A New York car accident attorney can help victims with their legal issues after the crash. They can help them obtain 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 automatically covered by their personal automobile insurance policies for medical expenses, lost wages, and other related expenses. While this system has protected car accident victims from being buried by expenses out of pocket, it is important to know what it is and what it does not mean.

To be eligible for the benefits of No-Fault insurance, you must meet certain requirements. First of all you must be injured in a motor vehicle accident that occurred in the state of New York. You must be a driver or passenger in the insured vehicle or a cyclist or pedestrian struck by the vehicle. The person who was injured must be treated in a hospital or by a certified 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 are serious and could have a negative impact on a victim's life. If you've been injured in an New York car accident, an experienced New York injury attorney can help you get the compensation that you deserve.

Following a serious car accident A lawyer can help 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 initiate a court action on your behalf against the driver who caused the accident.

There is a chance that you will have to pay astronomical medical costs, lost wages, and other expenses following a serious accident. No-fault insurance will pay for these, and you should always seek treatment after a crash, even if you feel well.

If you are unable to return to work due to an injury, no-fault insurance will pay up to $2,000 for lost wages per month. It can also cover many of your out-of-pocket expenses, like the cost of household assistance.

Insurance companies will often schedule an IME (Independent Medical Examination) or EUO, or Exam under Oath. You must attend these appointments, since failure to attend could result in an appeal to the benefits.

Purely faults that are comparable

In a majority of car accident lawsuits plaintiffs are partially or completely responsible for the accident. The law gives injured parties the right to receive damages according to their percentage of blame. This is known as pure comparative fault. Pure comparative fault is distinct from modified comparative fault, which caps the amount of fault that an individual claimant is deemed 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 case involving a car accident, the plaintiff's legal responsibility for the crash depends on demonstrating two things that are causation and negligence. Negligence is the violation of an act of law, or committing a breach of the law with reckless negligence. Causation refers to how the negligence directly caused the injury. To establish legal liability the plaintiff has to prove the economic damages that result from their injuries for example, medical bills, lost income and travel costs to appointments. Non-economic losses include emotional trauma and suffering and pain.

New York is one of the states that have pure comparative fault laws, which means that the injured party are still able to seek compensation even in the event that they are partly at the fault. If the claimant is found to be more than 50 percent at fault, they will be disqualified from claiming damages. In this case it is crucial to work with a knowledgeable lawyer.

Comparative fault can be applied to almost every personal injury or death case where the victim (or the inheritors of the deceased) has suffered physical or emotional damages. The concept of comparative fault is more complicated in cases of wrongful deaths.

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


Joint and several liability can be used in the event of multiple defendants. This system divides the verdict among all defendants if the jury finds you jointly and severally liable for the accident. This is a great way to ensure that you receive the most compensation for your injuries.

Insurance company tactics

Car accidents are stressful enough, but the aftermath can be more difficult. The injured victims are often faced with medical bills, lost income due to inability to go to work and physical pain. They also have to think about whether they can afford rent and other expenses of daily living. The last thing they need is to be subjected the tactics of a stalling insurance company that is trying to convince them to accept a low settlement offer.

Insurance companies are in business to earn money. They accomplish this by denial or reduce your claims. Insurance agents will employ every strategy to prevent you from receiving the compensation you deserve. It is essential to find an experienced New York car accident attorney to even the playing field. The lawyers at Mirman Markovits & Landau PC have years of experience fighting for the rights of car accident victims. Our lawyers will stand up to insurance companies and their shady tactics.

Insurance companies will do all they can to delay your claim or stall the negotiations in order to save as much as possible. They may also attempt to avoid responsibility by arguing that the injuries aren't related to the accident or do not require treatment. They could even argue that your crash was caused by an earlier medical condition.

In some instances, the insurance adjuster will offer a settlement that appears reasonable. This is a typical method that many people fall for. In reality, this offer is significantly less than what you really need to pay for your medical treatment and other damages.

The law in New York requires all drivers to carry no-fault insurance coverage. However, it is not uncommon for people to get injured when driving or riding in a person's vehicle. Distracted driving, reckless driving, and speeding are among the most common causes for accidents. Distracted driving occurs when a driver is using a device while driving to send or receive messages or phone calls or listen to music. Distracted driving could result in drivers losing control of their vehicle and leading to serious accidents. Other causes of accidents are drunk driving, road conditions and weather.

Reckless driving

You may be entitled to compensation for injuries sustained in an accident caused by reckless driving. A New York City reckless driver accident lawyer can help you in analyzing the accident to determine all parties that might be accountable for your injuries and the damages. They could also initiate a lawsuit or claim against the driver to collect damages.

The New York criminal code defines reckless driving as operating a vehicle in a manner that puts at risk the lives and safety of others on the road and pedestrians or riders on bicycles. To find someone guilty the police officer must prove more than mere negligence or carelessness. This means that the officer must prove that the driver was aware that their actions were likely to cause an accident or put others in danger.

Even Wilmington injury lawsuits can be considered reckless driving in New York. Driving through a stop sign or red light could result in a serious accident. If a driver is found driving recklessly, they could be found guilty of misdemeanors and be subject to fines or jail time.

Incorrect driving can cause serious injuries to pedestrians, drivers and bicyclists. If convicted of this offense will have points added to their licenses and could face large fines. This could lead to a driving's premiums rising significantly. It is essential to find an New York reckless driving accident attorney who will ensure that the driver is found guilty in a fair manner.

The laws governing reckless driving in New York are extremely strict and could result in significant penalties, including fines and imprisonment. The severity of the penalty depends on a variety of variables, such as the severity of the accident and whether there were aggravating circumstances. A conviction for reckless driving could also result in the suspension of a driver's licence.

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

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