10 Things Competitors Teach You About 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 most of them are accidents that cause fender benders, a few can result in serious injuries. The injured parties should immediately contact 911 and seek medical care.
A New York car accident lawyer can assist victims with their legal issues after a crash. They can help victims obtain compensation for medical expenses and lost income.
No-fault Insurance
New York is an insurance no-fault state. This means that drivers pedestrians, passengers and passengers as cyclists and bicyclists are covered automatically by their auto insurance policies. This includes medical costs, lost wages and other related costs to an accident. This system has protected the victims of car accidents from being weighed down by out-of-pocket costs. However it is essential that you understand what it means.
To be eligible for the benefits of No-Fault insurance, you must meet certain requirements. You must first and foremost have been injured in an accident in New York. You must be a passenger, driver or pedestrian in the insured vehicle. The injured party must also be treated at an accredited hospital or provider. Additionally you must have suffered an "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. These are all extremely serious injuries, and could have a significant negative impact on the person'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.
In the aftermath of a serious auto crash A lawyer can help you in a variety of ways. They can assist you in understanding your legal options, perform an extensive investigation, and negotiate with your insurance company. They can also file a court case on your behalf against the person who caused the accident.
You may have to pay astronomical medical bills, lost wages, and other expenses following a serious car accident. No-fault insurance can pay for these as well, and you should seek treatment after an accident, even if you feel fine.
If you are unable to return work due to an accident, no-fault insurance can pay up to $2,000 in lost wages per month. It also covers a number of your out-of-pocket costs, including the cost of household assistance.
Insurance companies often schedule an IME (Independent Medical Examination) or EUO, or an Exam Under Oath. You must show up for these appointments, because failing to do so could result in an appeal to the benefits.
Purely comparative fault
In many cases of car accidents, the plaintiffs may be liable in part or full for the accident. The law grants injured parties the right to recover damages based on their percentage of the fault. This is referred to as pure comparative negligence. Pure comparative differs from modified comparative, which limits the amount that a claimant may be deemed to be owed to prevent them from being eligible for financial compensation. Modified comparative-fault states usually set the bar between 49 to 51 percent.
In a car accident case the plaintiff's legal liability for the accident rests on proving two things such as negligence and causation. Negligence refers to breaking the law or acting in reckless disregard. Causation refers to the way in which the negligence directly led to the injury. To prove legal responsibility plaintiffs must also prove economic losses, such as medical expenses, lost income and travel expenses, caused by their injuries. Non-economic losses are emotional trauma as well as pain and suffering.
New York is among the 13 states that have a strict comparative-fault law. This means that injured parties may still be able to claim compensation even if they are partially at fault. However, if the claimant is found to be more than 50% at fault, they are disqualified from claiming damages. In this instance it is crucial to consult with a seasoned attorney.
Comparative fault can be applied to any personal injury or wrongful-death situation in which the victim (or heirs) have suffered physical or mental damages. However the concept of comparative fault is somewhat more complex in wrongful death claims.
The principle of comparative fault is very important to understand when filing an action for compensation following an accident in New York. Your lawyer will assist you to determine the extent of your own responsibility for the accident, and work with insurance companies to ensure that you receive the maximum amount of compensation for your injuries.

In addition, if have several defendants in your case, the concept of joint and numerous liability may apply. This is a method that divides the judgment between all defendants in the event that the jury decides that you are jointly and multiplely responsible for the accident. This is a great method to ensure that you get the maximum amount of compensation for your injuries.
Strategies of insurance companies
Car accidents can be stressful enough, but the aftermath can be even more difficult. The injured victims are often faced with medical bills, loss of income due to not being able to work or suffer physical pain. They also have to worry about whether they can cover rent and other daily expenses. They don't need to endure the delay tactics employed by an insurance company to convince them to take low settlement offers.
The fact is, most insurance companies are focused on making money and do this by denying or reduction of claims. Insurance agents will use every method to deny you the compensation you are entitled to. It is important to hire 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 the victims of car accidents. Our lawyers will fight insurance companies and their sneaky tactics.
In order to save money insurance companies will do whatever they can to delay or stop your claim. They may also attempt to keep the blame off by claiming that the injuries are not related to the accident or do not require treatment. They may even argue that you have a prior medical issue that is responsible for your crash.
In some instances the insurance adjuster may offer a settlement that appears reasonable. This is a trick that many people fall to. The offer is significantly less than the amount you'll must pay to cover your medical expenses and other damage.
The law in New York requires all drivers to have no-fault insurance. It is not uncommon for drivers to sustain injuries while driving another person's car or in their own vehicle. The most frequent causes of accidents include reckless driving, distracted driving, and speeding. Distracted You Tube happens when a driver is using devices while driving to send or receive text messages, make phone calls, or listen to music. Distracted driving could result in drivers losing control of their vehicle and causing serious accidents. Other causes of crashes include drunk driving, road conditions and weather.
Reckless driving
If you've suffered injuries in a car accident caused by reckless driving, you may be entitled to compensation. A New York City reckless driver accident lawyer can assist in analyzing the accident to determine the parties that might be accountable for your injuries and damages. They can also make a claim or lawsuit against the driver to collect damages.
According to the New York criminal code, reckless driving is defined as driving a vehicle so that it puts other drivers or pedestrians and cyclists at risk. To convict someone of this crime the police officer must show more than just carelessness or negligence. The officer must prove that the driver was aware that their actions could result in an accident or put others in danger.
Even minor traffic violations can be deemed reckless driving in New York. For instance driving through an intersection with a stop sign could lead to a serious accident and injury. If a driver is found driving recklessly, he or she might be found guilty of misdemeanor charges and face fines or jail time.
Incorrect driving can cause serious injuries to other drivers, pedestrians, and bicyclists. A conviction for this type of offense can result in the addition of points to your driver's license, as well as hefty fines. This could cause driver's insurance rates to rise significantly. It's important to hire a New York reckless driving accident attorney who will ensure that the driver is found guilty fairly.
New York's reckless driving laws are extremely strict and could result in severe penalties, including fines and imprisonment. The severity of the penalty depends on several factors such as the severity of the accident and whether there were any aggravating circumstances. A conviction for reckless driving can also result in the suspension of a driver's license.
A seasoned reckless driving accident lawyer knows how to find out the causes of a crash and gather evidence that will demonstrate your innocence. This could include witness statements as well as phone records to determine whether the driver was distracted, photos and videos taken at the scene of the accident, medical reports from the official and toxicology reports. They will file and defend lawsuits or insurance claims to get you the maximum compensation for your injuries.