10 Facts About New York Accident Lawyer That Will Instantly Put You In A Good Mood
A New York Accident Lawyer Can Help You Understand the No-Fault Insurance System
Car accidents are a regular event in New York City. While most of them are just fender benders, some can cause serious injuries. The injured party should call 911 and seek medical attention right away.
A New York car accident lawyer can help victims with their legal issues after an accident. They can assist in obtaining compensation for their medical bills and lost wages.
No-fault insurance

New York is an insurance no-fault state. This means that motorists pedestrians, passengers and passengers as well as bicyclists and cyclists are covered automatically by their auto insurance policies. This includes medical expenses, lost wages and other related costs to an accident. While this system has protected car accident victims from being buried due to expenses out of pocket, it is important to know what it does and does not mean.
To be eligible for No-Fault Insurance you must satisfy certain requirements. First of all, you must be injured in a vehicle accident that took place in the state of New York. You must also be a driver or passenger in the vehicle that is insured or a bicyclist or pedestrian struck by the vehicle. The person who was injured must be treated in a hospital or by a certified provider. You must be able to prove that you suffered "a 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. All of these injuries are serious and could have a negative impact on the life of a victim. If you've been injured in an New York car accident, an experienced New York injury attorney can assist you in getting the compensation you're due.
A lawyer can assist with the legal process in numerous ways after a serious car accident. They can help you understand your legal options, conduct an extensive investigation, and negotiate with your insurance company. They can also make a court filing on your behalf against the person who caused the accident.
After a serious car accident you could face huge medical expenses, lost wages and other costs. No-fault insurance will cover these costs, and you should always seek treatment after an accident, even though you feel okay.
If you cannot return to work due to an injury, no fault insurance will pay up to $2,000 for lost wages per month. It will also cover a large portion of your out-of-pocket expenses, including the cost of household assistance.
Insurance companies frequently try to deny your no-fault coverage by arranging an IME or EUO (Independent Medical Examination or Exam Under Oath). It is mandatory to attend, since failure to do so may result in denial of benefits retroactively.
Pure comparative fault
In many car accident cases plaintiffs may be partially or fully responsible for the accident. The law gives injured parties to be compensated according to their percentage of blame. This is known as pure comparative negligence. Pure comparative differs from modified comparative, which limits the amount a claimant could be found to be owed to prevent the claimant from obtaining financial compensation. Modified comparative-fault states usually have a range of 49 and 51 percent.
In a car accident the plaintiff must prove two elements to be legally responsible for the accident that is, negligence and causality. 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 demonstrate legal responsibility the plaintiff must demonstrate the economic loss caused by their injuries, for example, medical bills, lost income and travel costs to appointments. Other non-economic losses include emotional trauma as well as suffering and pain.
New York is one of the 13 states with strict comparative fault laws which means that injured parties are still able to seek compensation even if they are partially at fault. However, if the claimant is found to be more than 50% at fault, they will be exempt from any claim for damages. In this instance, it is important to work with a skilled attorney.
Comparative fault applies to any personal injury or wrongful-death instance where the victim (or the heirs) have suffered mental or physical damages. The concept of comparative fault is more complicated in cases of wrongful deaths.
The principle of comparative fault is very important to understand when making a claim for compensation after an accident in New York. Your lawyer will assist you determine the extent of your own contribution 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 several defendants in your case the concept of joint and multiple liability could be applicable. This system splits the verdict between all defendants in the event that the jury finds that you are jointly and severally responsible for the accident. This is a great way to ensure that you receive the maximum amount of compensation for your injuries.
The tactics of the insurance company
The aftermath of a car crash can be as stressful. Injured victims often must deal with medical bills as well as a loss of income from being incapable of working in addition to their physical pain and emotional stress. They also have to think about whether they can cover rent and other expenses of daily living. Allentown accident lawsuits need is to be sucked into the tactics of a stalling insurance company that is trying to get them accept a low settlement offer.
Insurance companies are in business to make money. They do this by refusing or cutting your claims. Insurance companies will employ every method to deny you the compensation you are entitled to. It is important to hire an experienced New York car accident attorney to ensure that you are treated fairly. The attorneys at Mirman Markovits & Landau PC have years of experience fighting for the rights of the victims of car accidents. Our lawyers will take on insurance companies and their devious tactics.
In order to save money, insurance companies will do whatever they can to delay or derail your claim. They also try to avoid accountability by arguing that your injuries aren't caused by the crash or that they don't require treatment. They may even claim that your accident was caused by a previous medical condition.
In some instances an insurance adjuster may arrive at an amount for settlement that seems reasonable. This is a common scam that many people are enticed by. This offer is lower than the amount you have to pay to cover your medical expenses and other damage.
New York law requires that all drivers have no-fault insurance. It is not uncommon for people to be injured while driving another person's car or in their own vehicle. Distracted driving, reckless driving and speeding are some of the most common causes for 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 leading to serious accidents. Other causes of accidents 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 driving accident lawyer can help you examine the crash to determine all parties who may be accountable for your injuries and losses. They can also file a lawsuit or claim against the driver to claim 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. In order to convict someone of this crime, a police officer must demonstrate more than mere carelessness or negligence. This means that the police officer must prove that the driver was aware of their actions were likely to cause an accident or put others at risk.
In some instances even a minor traffic violation could be viewed as a type of reckless driving in New York. For example driving through an intersection with a stop sign could result in a serious accident and injury. If a driver is found driving recklessly, they might be found guilty of misdemeanors and be subject to fines or jail time.
Unsuspecting driving can cause serious injuries to pedestrians, bicyclists, and motorists. A conviction for this type of offense can lead to the addition of points to your driver's license, and hefty fines. This can cause a driver's insurance rates to rise substantially. It is essential to find an attorney in New York who will ensure that the driver is held accountable in a fair manner.
The laws governing reckless driving in New York are extremely strict and could lead to substantial penalties, including fines and imprisonment. The severity of the penalty depends on a variety of factors such as the severity of the crash and whether there were any aggravating circumstances. A conviction for reckless driving could also result in suspension of a driver's licence.
A reckless driving accident lawyer with experience can determine the causes of an accident and gather evidence to show your innocence. This evidence could include witness statements as well as phone records to determine if the driver was distracted, photographs and videos taken at the scene of the accident, medical reports from the official 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.