20 Trailblazers Setting The Standard In New York Accident Lawyer

20 Trailblazers Setting The Standard In 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 frequent. Although the majority of them are simply accidents that cause fender benders, a few can result in serious injuries. Anyone injured should dial 911 and seek medical attention as soon as possible.

A New York car accident lawyer can assist victims with their legal needs following an accident. They can assist them in obtaining compensation for medical expenses and lost wages.

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 automobile insurance policies. This includes medical expenses, lost wages, and other costs related to accidents. While this system has helped protect car accident victims from being buried by out-of-pocket costs It is crucial to know exactly what it is and what it does not mean.

In order to qualify for the benefits of No-Fault insurance, it is necessary to meet certain criteria. First and foremost, you must be injured in an accident that occurred in New York. You must also be a driver, passenger in the vehicle that is insured or a bicyclist or pedestrian struck by the vehicle. The injured party also must be treated in a hospital or by an authorized provider. Additionally you must have sustained a "serious injury."


New York State Insurance Law defines serious injuries as a permanent impairment of function or disfigurement. All of these injuries are severe and can have a negative effect on the life of a victim. A New York injury lawyer can assist you if you've been injured in a serious New York car accident.

A lawyer can assist you with the legal process in a variety of ways following a serious auto accident. They can assist you in understanding your legal options, perform an in-depth investigation, and negotiate with your insurance company. They can also initiate a court action on your behalf against the person who caused the accident.

In the aftermath of a serious crash you could face huge medical bills, lost wages and other costs. These expenses can be paid for by no-fault insurance and you should seek treatment immediately after a car accident even if you feel like you are fine.

If you're unable to return to work, no-fault will pay for 80 percent of your lost wages up to $2,000 per month. It can also cover many of your out-of-pocket costs, such as the cost of household assistance.

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

Pure faults of a comparative nature

In many car accident lawsuits plaintiffs are partly or totally responsible for the accident. The law permits injured parties to seek damages based on the proportion of blame that can be assigned to them. This is called pure comparative negligence. Pure comparative differs from modified comparative, which limits the amount a claimant could be found to have to prevent them from being eligible for financial compensation. Modified comparative-fault states usually place the bar between 49 to 51 percent.

In a case involving a car accident the plaintiff's legal responsibility for the crash depends on showing two things such as negligence and causation. Negligence refers to breaking the law or acting in reckless disregard. Causation is the process by which the negligence directly caused the injury. To prove legal responsibility the plaintiff has to prove the economic damages resulted from their injuries, for example, medical bills, lost income, and travel expenses for appointments. 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 seek compensation if they were partially at fault. If the claimant is found to be more than 50% at fault, then they are unable to claim damages. In this instance, it is important to work with an experienced attorney.

Comparative fault applies to almost every personal injury or death case in which a victim (or the descendants of the deceased) has suffered emotional or physical injuries. The concept of comparative fault is more complicated in the case of wrongful death.

It is important to understand the concept of comparative negligence when submitting an insurance claim following an accident in New York. Your lawyer will work with insurance companies to get you the maximum amount of compensation for your injuries.

In addition, if have multiple defendants in your case the concept of joint and numerous liability could apply. This system splits the verdict among all defendants in the event that a jury finds 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.

Strategies of insurance companies

Car accidents are stressful enough, and the aftermath can be even more difficult. Injured victims are often confronted with medical bills, loss of income due to not being able to work, and physical discomfort. They also have to worry about whether they can afford rent and other expenses of daily living. The last thing they want is to be subjected to the tactics of a stalling insurance company that is trying to get them accept a low settlement offer.

Insurance companies are in business to earn money. They do this by refusing or reducing your claims. Insurance agents will employ every strategy to prevent you from obtaining the amount you are entitled to. It is essential to find an experienced New York car accident attorney to even the playing field.  Chesapeake injury lawsuits  at Mirman Markovits & Landau PC are seasoned in fighting for the rights car accident victims. Our lawyers will fight insurance companies' sly strategies.

In order to save money, insurance companies will do anything they can to delay or stall your claim. They 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 had a prior medical issue that is responsible for your crash.

In some cases the insurance adjuster may offer a settlement that seems reasonable. This is a common tactic that a lot of people fall to. In reality, this offer will be significantly lower than what you really need to pay for your medical treatment and other damages.

New York law requires that every driver have no-fault insurance. However, it is not uncommon for people to get injured when 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 an electronic device to send or receive text messages, makes phone calls, or listens to music behind the wheel. Distracted driving can cause drivers to lose control of their vehicles and result in serious accidents. Other causes of crashes include drunk driving, road conditions and weather.

Reckless driving

You may be entitled compensation for injuries sustained in an accident caused by reckless driving. A New York City reckless driver accident lawyer can assist in investigating the crash to determine the parties that could be responsible for your injuries and damage. They may also file a claim or lawsuit against the driver to recover your damages.

The New York criminal code defines reckless driving as the act of operating a vehicle in a manner that endangers the lives and safety of other motorists and people on foot or on bicycles. To convict someone the police officer has to prove more than just negligence or carelessness. This means that the officer must show that the driver was aware that their actions were likely to cause an accident or put others in danger.

Even minor traffic violations can be considered reckless driving in New York. For example driving at the red light or stopping sign could result in an accident that is serious and cause injury. If a driver is found to be driving recklessly, they may be found guilty of a misdemeanor crime and be subject to an indictment or a fine.

Reckless driving can cause severe injuries to pedestrians, drivers and bicyclists. If convicted of this offense will receive points added to their license and could be subject to massive fines. This could cause driver's insurance rates to increase significantly. It is essential to find an attorney in New York who will ensure that the driver is held accountable in a fair manner.

New York's reckless-driving laws are extremely strict and could result in severe penalties, including fines and jail time. The severity of a penalty is contingent on a variety of variables, such as the severity of the accident, as well as aggravating circumstances. A conviction for reckless driving could also result in suspension of a driver's license.

A reckless driving accident attorney who is experienced can determine the causes of an accident and gather evidence to demonstrate your innocence. The evidence could include witness statements, phone records to check whether the driver was distracted, photographs and videos taken at the scene of the accident, official medical reports and toxicology reports. They will prepare the necessary paperwork, file and then litigate lawsuits or insurance claims with the aim of obtaining the maximum amount of compensation for your injuries.