10 Things We All Hate About New York Accident Lawyer

10 Things We All Hate About 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. Although the majority of them are fender benders, some can result in serious injuries. Anyone injured should dial 911 and seek medical attention right away.

A New York car accident lawyer can assist victims with their legal requirements following the crash. They can assist victims in obtaining compensation for medical bills and lost income.

No-fault Insurance

New York is an insurance no-fault state. This means that all drivers, passengers and pedestrians as cyclists and bicyclists are covered by their insurance policies for automobiles. This includes medical expenses, lost wages and other costs related to accidents. While this system has protected car accident victims from being buried due to out-of-pocket costs but it is essential to understand exactly what it is and what it does not mean.

In order to qualify to benefit from No-Fault insurance, it is necessary to meet certain requirements. First and foremost you must have been injured in a vehicle accident that occurred in the state of New York. You must be a driver or passenger in the insured vehicle or a bicyclist or pedestrian who was struck by the vehicle. The person who was injured must be treated in a hospital or by a certified provider. Additionally you must have sustained 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 severe and could have a negative impact on the life of a victim. If you have been seriously injured in an New York car accident, an experienced New York injury attorney can assist you in getting the compensation you deserve.

In the aftermath of a serious auto crash A lawyer can help you in a number of ways. They can help you understand your legal options, conduct an extensive investigation and negotiate with the insurance company on your behalf. They may also file a lawsuit in court on behalf of you against the driver who caused the accident.

You could be required to pay astronomical medical costs as well as lost wages, and other expenses following a serious car accident. These costs can be paid for by no-fault insurance and you should seek treatment immediately following a collision, even if it feels as if you're in good shape.

If you are unable to return work due to an injury, no fault insurance will pay up to $2,000 in lost wages per month. It will also cover a large portion of the cost you incur out-of-pocket, including the cost of household help.

Insurance companies often schedule an IME (Independent Medical Examination) or EUO, or an Exam Under Oath. It is mandatory to attend, since failure to do so may result in denial of benefits retroactively.

Pure faults of a comparative nature

In a majority of car accident lawsuits plaintiffs are partly or totally responsible for the accident.  Pompano Beach injury attorneys You Tube  allows the injured party to claim damages in proportion to the percentage of blame that can be attributable to them. This is referred to as pure comparative negligence. Pure comparative differs from modified comparative, which limits the amount a claimant could be considered to have in order to keep the claimant from obtaining financial compensation. Modified comparative fault states usually place the bar between 49 and 51 percent.

In a car accident case the plaintiff's legal liability for the accident is contingent upon showing two things: negligence and causation. Negligence is the act of breaking the law or acting in reckless disregard. The cause of the accident is determined by the manner in which the negligence caused the injury. To establish legal liability plaintiffs must also demonstrate economic losses, like medical expenses, lost income or travel expenses, caused by their injuries. Non-economic losses include emotional trauma as well as suffering and pain.

New York is one of the 13 states with pure comparative fault laws, which means that those who have suffered are still able to seek compensation even if they are partially at the fault. However, if the person seeking compensation is found to be more than 50% at the fault, they will be disqualified from claiming damages. In this situation, it is important to work with a skilled attorney.

Comparative fault applies to almost every personal injury or death case where a victim (or the heirs of the deceased) has suffered emotional or physical injuries. However, the concept of comparative fault can be slightly more complicated in wrongful death claims.

It is crucial to grasp the principle of comparative negligence when submitting claims for compensation following an accident in New York. Your lawyer will work with insurance companies to get you the most compensation for your injuries.

In addition, if you have several defendants in your case the concept of joint and several liability may apply. This is a system that splits the judgment amongst all defendants in the event that the jury finds that you are jointly and severally responsible for the accident. This is a great method to ensure that you receive the most compensation for your injuries.

Insurance company tactics

The aftermath of a car accident can be just as stressful. Injured victims often must deal with medical bills as well as a loss of income due to being unable to work and suffer from physical pain and emotional stress. They also have to think about whether they can afford rent and other expenses of daily living. The last thing they want is to be sucked into the tactics of a stalling insurance company that is trying to get them to accept a settlement offer that is low.

Insurance companies exist to earn money. They do this by denying or reduce your claims. Insurance agents will use every tactic possible to deny you the compensation you are entitled to. This is why it's essential to work with a 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 stand up to insurance companies and their shady tactics.

Insurance companies will do everything they can to delay your claim or slow negotiations to save as much money as possible. They also try to avoid accountability by arguing that your injuries are not directly related to the crash, or do not require treatment. They could even argue that your crash was the result of a prior medical condition.


In certain cases the insurance adjuster might offer a settlement that appears reasonable. This is a common tactic that a lot of people fall to. This offer is much lower than the amount you'll must pay to cover medical expenses and other damage.

The law in New York requires all drivers to have no-fault insurance. It is not unusual for people to sustain injuries while driving another's vehicle or in their own vehicle. The most common causes of accidents include reckless driving, distracted driving, and speeding. Distracted driving occurs when a driver is using a device to send or receive text messages, makes phone calls, or listens to music behind the wheel. Distracted driving could result in drivers losing control of their vehicle and causing serious accidents. Other causes of crashes are drunk driving, road conditions and weather conditions.

Reckless driving

If you've suffered injuries in a car crash caused by reckless driving, you may be entitled to compensation. A New York City reckless driver accident lawyer can help you in investigating the crash to determine who may be responsible for your injuries and damages. They may also bring a lawsuit or claim against the driver to recover damages.

The New York criminal code defines reckless driving as the practice of operating a vehicle in a manner that poses a threat to the lives and safety of others on the road and pedestrians on bicycles. In order to convict someone of this crime the police officer must demonstrate more than mere negligence or carelessness. This means that the police officer must show that the driver was aware that their actions could cause an accident or put others at risk.

In certain instances even a minor traffic offense can be considered a form of reckless driving in New York. Running a stop sign or red light could result in a serious accident. If an individual driver is found be driving recklessly, they may be found guilty of a misdemeanor and be subject to a fine or jail time.

Reckless driving can cause severe injuries to other drivers, pedestrians, and bicyclists. A conviction for this type of offense can lead to the addition of points to your license, as well as hefty fines. This could cause drivers' insurance rates to go up substantially. It is important to hire an attorney in New York who will ensure the driver is convicted fairly.

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

An attorney for reckless driving who is experienced will know how investigate the causes of an accident and gather evidence to prove your innocence. This could include witness statements and phone records to determine if the driver was distracted, photographs and videos of the scene of the accident, official medical reports and toxicology reports. They will prepare and file lawsuits or insurance claims that are aimed at obtaining the maximum amount of compensation for your injuries.