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Getting in an NYC car accident that was not your fault is bad enough. Discovering the other driver is from another state could leave you worried that you may be unable to get the compensation you need for your injuries.

New York State’s no-fault car insurance laws protect NYC motorists, providing a capped level of benefits. However, if your accident resulted in serious injuries and your losses exceed your insurance coverage, you may need to claim from the other driver’s insurance company. This is when the situation can get complicated.

An experienced New York City car accident attorney can clarify your legal options. This post will explore the legal process involved when New York residents get hit by out-of-state drivers and how New York state laws could help you seek justice.

Making an Insurance Claim in New York

If you did not sustain serious injuries in your car accident, the same initial process applies whether the car crash was caused by an out-of-state driver or a New York resident. As a no-fault insurance state, every NYC driver must first turn to his or her own insurance company for compensation after a car accident.

No-fault insurance is also called Personal Injury Protection (PIP). The goal of PIP is to pay promptly after an accident, regardless of who was at fault, and help you return to health and productivity again.

According to the New York State Department of Financial Services, PIP covers:

• Medical expenses

• Lost earnings

• Other reasonable and necessary expenses related to injuries from your car crash

There is a cap on the amount each person can claim under no-fault insurance policies. However, a driver could be ineligible for no-fault benefits if he or she was intoxicated, committing a felony, or driving an uninsured or stolen vehicle at the time of the accident.

If you sustain a serious injury in a New York City car wreck, you are likely to quickly run up medical and other expenses above the maximum limits under no-fault insurance. This may mean that you are entitled to pursue a lawsuit to seek compensation for your losses. However, the fact that it involves an out-of-state driver could complicate matters.

An experienced New York car accident attorney can listen to your story and advise whether you can pursue additional compensation for your injuries.

Serious Injury Claims Against Out-of-State Drivers

Generally, the more serious your injuries are, the more compensation you can expect to achieve in a car accident case. However, in a car accident involving an out-of-state driver, you may not have the same legal recourse as if a New York resident driver hit you.

The first question is whether your injury qualifies as serious under New York state law.

Categorizing serious injuries in New York

Your injuries must meet the threshold for serious injuries defined by New York State Law, Chapter 28, Article 51, Section 5102, to bypass the no-fault system and file a lawsuit against the other driver.

Under this statute, serious injury includes the following:

• Death

• Dismemberment

• Disfigurement

• Fracture

• Loss of an unborn baby

• Permanent loss of use of body organ

• Significant limitation to body system or function

These laws are complex, so do not try to determine whether your car accident injuries qualify without seeking legal assistance.

Compensation in serious injury accidents

If your car accident lawyer advises that your injuries are serious enough to meet the threshold, you can pursue a wider range of damages than you can through a no-fault claim. In addition to economic compensation, such as the cost of medical treatment and lost earnings, you could also pursue compensation for non-economic losses.

These damages may include:

• Pain and suffering

• Emotional distress

• Loss of enjoyment of life

• Loss of activities

• Loss of consortium

You may have the right to pursue compensation from the negligent driver, but the fact that he or she was from another state can make obtaining compensation more complicated.

Challenges to Pursuing Compensation From Out-of-State Drivers

Pursuing compensation from out-of-state drivers presents unique challenges. However, with an experienced New York City attorney on your side, it may be possible to find a way to obtain the compensation you are entitled to.

Is the insurance company authorized in New York?

Your personal injury lawyer will first investigate whether the other driver’s insurance company is authorized in New York. The policy must match New York’s minimum requirements if the company is authorized. New York law would apply even if the other driver is from a state that has lower minimum coverage requirements.

When the insurance company is not authorized in New York

If the negligent driver’s insurance company is not authorized in New York State, he or she could be in serious trouble. According to New York Vehicle & Traffic Law §318 Subsection 5(a & b), the out-of-state driver’s license may be revoked for driving on New York roads without insurance coverage.

However, the other driver losing his or her license is likely to be of little consolation if you are facing mounting medical expenses and other costs. One legal option open to you may be to file a lawsuit against the individual.

While it may be possible to prove he or she was liable for the car crash, obtaining a payout from an individual can be challenging. If the negligent driver has no collectible assets, obtaining the compensation you need may be impossible. A qualified and experienced New York car accident lawyer can help you explore all legal avenues for compensation, including provisions under your own auto insurance.

Uninsured and underinsured motorist insurance policies

If it is impossible to recover compensation from the negligent driver, you may be able to claim against your uninsured motorist coverage. Under New York law, all motorists must carry this insurance coverage, which protects them if they are involved in a collision with an uninsured driver.

You may also be able to claim against underinsurance coverage. This is not mandatory in New York, but many drivers purchase it to protect themselves if the other driver’s insurance coverage is insufficient to cover his or her losses.

Understanding the best route to compensation can be very confusing. That is why it is essential to secure legal representation to guide you through the process.

Give Yourself the Best Chance of Success After an NYC Car Crash

After a car accident involving an out-of-state driver, take the following steps, which could make it easier to pursue compensation:

• Call 911: The police will attend and note down the facts of the case. The police report may prove to be valuable evidence in your car accident claim.

• Seeking medical attention: Even if you feel fine, getting yourself checked by a medical professional and starting a paper trail of medical documentation is vital. This could help prove your injuries were caused by your car accident. Also, follow up on any medical treatment recommended by the doctor.

• Exchange information with the other driver: Get his or her name, address, phone number, driver’s license, license plate, and insurance information. Remain calm and do not get into any discussions about liability. Try to get the contact details of any eyewitnesses as well.

• Document the scene: If you can, take as many photos of the accident scene as possible. Try to show the damage to the vehicles, their position, and any markings on the road. Capture the weather conditions and take photos of your injuries and damaged property.

• Call a car accident lawyer: As soon as you feel well enough, arrange a free consultation with a New York City car accident attorney. Your lawyer will listen to your story and advise you on protecting your legal rights while talking to your insurance company.

It is crucial to seek legal assistance from the right car accident lawyer. The key is looking for a combination of experience, a track record of success, and a determination to fight tenaciously for the rights of NYC car accident victims.

Let Hill & Moin LLP Fight Your Out-of-State Driver Car Accident Case

At Hill & Moin, we understand that an NYC car accident can be stressful, financially draining, and physically painful. We are here to evaluate your personal injury cases, even in complex ones involving out-of-state negligent drivers. If another law firm would be better suited to take your case, we will refer you to another firm in our trusted network.

We are headed up by Melisande Hill and Cheryl Eisberg Moin, who have both been practicing law in New York for over 40 years and have recovered millions in compensation for motor vehicle accident victims. Our firm’s recent settlements include $1.7 million for an automobile accident victim and $4.85 million for a pedestrian struck by a truck.

Now is the time to discover why our clients say working with Hill & Moin feels “like having a lawyer in the family.” Do not delay. Call (212) 668-6000 to learn your Personal Injury Recovery SolutionsⓇ in a free consultation. Alternatively, complete our contact form, and we will call you back soon.

Don’t wonder about your rights!

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Slip-and-fall accidents happen in a moment, but their physical, financial, and emotional impact can last a lifetime. Cities and states have building codes to minimize the risk of slip-and-fall accidents, but these are only effective when followed to the letter. If a building code violation at someone else’s property contributed to your injury, you may have grounds for a premises liability claim.

Premises liability is a property owner or occupier’s legal responsibility to ensure the premises are safe for visitors. Successful premises liability cases hinge on establishing liability. If your personal injury lawyer finds evidence of a building code violation, it could strengthen your case for compensation. This post will explain how to build a strong case for negligence in a slip and fall claim.

Building Code Violations That Impact Slip and Fall Cases

In New York City, there are many building codes and local laws that property owners must comply with. These include the 2022 Construction Codes, the Energy Conservation Code, and local laws that are updated each year. For example, Local Law 79 of 2024 requires a proactive inspection program for buildings.

These codes and laws are designed to protect visitors to businesses and homes. Sadly, when owners and occupiers neglect these regulations, accidents can happen.

The following are common building code violations that can contribute to a slip-and-fall accident:

• Insufficient lighting, especially around curbs and stairs

• Damaged or missing handrails

• Lack of non-slip mats on slippery floors

• Defective disabled access

• Broken or uneven steps

• Defective pipework/gutters, causing wet floors

• Leaks in ceilings

Building codes serve as a benchmark for the standards property owners and occupiers should meet and maintain. While remedial work is in progress, a property owner must warn visitors a hazard exists and take steps to keep them safe.

Where does premises liability apply?

Premises liability applies when you are injured while lawfully on someone else’s property. Examples include visiting your neighbor’s house as an invited guest, shopping at retail stores, or when working at someone else’s property. A personal injury lawyer can explain your legal rights in your situation.

How code violations could strengthen your case

A personal injury lawyer can investigate whether potential code violations contributed to your accident. If he or she finds that a violation took place, this could strengthen your case and may increase your chances of a successful outcome.

Even if your accident was not directly caused by a building code violation, previous citations may help prove the poor standard of maintenance in the building, bolstering your case for compensation.

Establishing Liability in a Slip and Fall Case

As part of the legal process for premises liability cases, attorneys must prove the following points:

• Duty of care: The property owner had a legal duty to ensure that the building met minimum standards for visitor safety

• Breach of duty: The property owner’s failure to follow safety regulations (which may include building codes) resulted in your fall accident

• Causation: The slip-and-fall accident directly resulted from the property owner’s negligence

• Damages: As the injured party, you are entitled to damages for the physical harm and/or financial losses you have suffered

Depending on the specific circumstances of your accident, a personal injury lawyer may choose to work with a building code expert to strengthen your case.

The role of building code experts

Building code violations are not always obvious. That is one reason why lawyers sometimes work with building code experts. These expert witnesses have specialized knowledge of building codes, local laws, and federal regulations relating to commercial properties.

Just a few examples of how building code experts can help include:

• Analyzing code compliance: Perform an in-depth analysis of construction practices, maintenance records, and work undertaken to comply with relevant building codes

• Expert report: Prepare a detailed report noting building code violations and their potential impact on visitor safety

• Expert testimony: Testify in court, explaining the details of building code violations to the judge and jury

• Guidance for legal teams: Personal injury lawyers are not building code specialists, so building code experts can guide them through relevant laws and show how these apply to your slip-and-fall claim

Creating a link between code violations and your accident

A personal injury lawyer must demonstrate a clear link between the code violation and your accident or show the property owner takes a lax approach to maintenance.

For example, poor lighting may have contributed to your accident by making it difficult to see an obstacle in your way. Your lawyer will investigate the lighting at the property to ensure it meets local and national standards. If it does not, this could strengthen your case.

On the other hand, if you trip and fall on a broken tile, it may be challenging to link this to a specific code violation. However, while investigating your case, your personal injury lawyer may discover a history of code violations and inadequate safety measures at the property. This could support your case that the property owner did not take his or her legal duty to follow safety regulations seriously.

Challenges in slip and fall cases

Proving liability in a New York slip and fall case can be challenging, even if you find evidence of code violations at the property.

You need an experienced personal injury lawyer to help you navigate challenges such as:

• Comparative negligence: The defendant may argue your negligence, such as ignoring a warning sign, was the cause of the accident and not the code violation. Under state law, this would not stop you from pursuing damages but could reduce the amount of compensation you receive in a New York slip and fall case.

• Notice requirements: In New York, the property owner must have had notice that the hazard existed. The notice can be actual or constructive, meaning that the problem had gone on long enough that the owner should have known about it.

• Lack of evidence: If there are no photographs, reports, or witness statements, it may be difficult to prove the property owner was negligent.

To give yourself the best chance of building a strong case for compensation, gather as much evidence at the scene as possible. Take multiple photographs and videos. Also, seek immediate medical attention and pursue follow-up treatment to make as full a recovery as possible.

If you suffer a serious injury, it may be impossible to gather evidence at the scene of the incident yourself. Whatever the specific circumstances of your case, call a New York slip and fall lawyer as soon as possible to discuss your legal rights and gather evidence before it disappears.

Let Hill & Moin Fight for Justice for Your Slip and Fall Injuries

After a New York slip-and-fall accident, you need a results-oriented lawyer on your side. One who will leave no stone unturned as he or she determines liability and pursues the compensation you deserve. You need the experience, compassion, and tenacity of Hill & Moin, LLP.

We have secured outstanding settlements in slip-and-fall cases. In one case, we secured a $10 million settlement after our client fell on defective steps. For another client, we secured a $3.5 million settlement for injuries caused by a defective sidewalk. When you hire us, we will bring the same level of intensity to your case as we pursue the best result on your behalf.

Do not delay in seeking justice, learning your Personal Injury Recovery SolutionsⓇ, and securing your future. Call (212) 668-6000 today for a free case evaluation, or contact us online, and we will call you back soon.

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C.Y. is a lovely lady from Queens, known for her green thumb and passion for gardening. She cherished spending time with her family and especially enjoyed shopping with her daughter. But one day, while heading out to do some grocery shopping, C.Y.’s life took a sudden turn. As she was walking, a car making a turn struck her, and tragically, her foot was caught underneath the vehicle’s wheel. The accident left her with severe injuries to her foot, requiring emergency surgery.

In need of legal advice, C.Y. reached out to Hill & Moin, LLP, where she met with attorney Eric Wittels, Esq. Eric and the support staff at the firm carefully explained the legal steps that would need to be taken to pursue a lawsuit. They guided C.Y. through every part of the process, offering compassion and professionalism at every turn.

Thanks to the Hill & Moin team’s hard work and dedication, C.Y. was awarded $1.2 million for her injuries. Reflecting on her experience, C.Y. expressed deep gratitude, saying, “I could not have asked for a better law firm.” Now that her case is resolved, C.Y. dreams of one day buying a house and moving on from the traumatic incident, focusing on what truly matters—her family, her garden, and the future ahead.

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S.O. was running errands one afternoon in late May when the unexpected happened. While driving, another car suddenly collided with hers from behind, causing a chain reaction and a three-car pile-up. The car accident left S.O. with soft tissue injuries, making it clear that she needed both medical attention and legal support.

Feeling overwhelmed, S.O. reached out to Hill & Moin, LLP for legal counseling. From the moment she stepped into their office, she was met with a team of attorneys and support staff who took the time to carefully explain her case and outline the necessary steps for moving forward with a lawsuit. The team was thorough, professional, and reassuring, ensuring that S.O. understood every part of the legal process.

As her case progressed, the Hill & Moin team fought for her rights, and ultimately, S.O was awarded over $100,000 in compensation. Though S.O. didn’t have any immediate plans for her settlement money, she was incredibly satisfied with the experience. When asked to rate her time working with Hill & Moin, S.O. happily gave them a glowing 5-star review, appreciative of the professionalism and dedication she received throughout the entire process.

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New York City is famous for its bustling streets full of cars, commercial vehicles, and pedestrians fighting for space. So, sadly, it’s no surprise that October 2024 saw some 3,522 injury and fatal motor vehicle accidents in New York City, working out to almost 114 per day. If you are unfortunate enough to find yourself in a car crash, please know that the actions you take immediately after your accident could be critical to your long-term health and the success of your car accident claim.

Immediately after a crash, the New York Police Department (NYPD) advises you to put your car in “park” and check yourself and your passengers for injuries. If anyone involved in the accident is injured or you cannot move your car to safety, call 911 immediately. Even if everyone feels fine, it is still wise to seek immediate medical attention, as some injuries do not cause symptoms right away.

After taking care of your health, your next job is protecting your legal rights. This article will explore crucial steps that could give you a better chance of securing compensation that could get your life back on track.

Get Everyone to Safety

Getting hurt in a car accident is bad enough, but getting involved in a secondary collision would be even worse. So, if possible, move your vehicle to a place of safety, such as the shoulder or rightmost side of the road, and turn your hazard lights on.

If you cannot move your vehicle, get yourself and your passengers to a safe place nearby. However, never attempt to move a seriously injured person.

Moving someone with catastrophic injuries could make the following conditions worse, possibly leading to paralysis or death:

• Spinal fractures

• Neck injuries

• Traumatic brain injuries (TBIs)

• Herniated discs

Instead, call 911 and wait for emergency medical personnel to render first aid and advise on the right medical treatment.

Seek Immediate Medical Attention

Everyone should get checked out after an accident, even if you think you were not injured. Medical professionals are trained to spot the signs of internal bleeding, fractures, and head injuries, which may not cause immediate symptoms.

There are also important legal reasons to seek immediate medical care. To build a strong case for compensation, a car accident lawyer must prove that your injuries were caused by your car accident. If you do not get yourself checked out immediately, the at-fault driver’s insurance company may claim that your injuries were not caused by your accident at all and try to deny or lessen your coverage.

Instead of running this risk, create a clear link between your injuries and your car crash by seeing a doctor immediately. The report he or she creates could be crucial evidence that helps you secure the compensation you need.

The medical report may also include recommendations for further medical treatment. By following through on this advice, you demonstrate that you have done everything in your power to minimize the impact of your injuries and seek a full recovery, which may strengthen your case.

Call the NYPD

After a New York City vehicle collision, you must immediately call the police if any of the following occurred:

• Injury or death of any person

• Injury or death of any domestic animal

• Damage to a parked car or other property, and you cannot locate the owner

If injuries, fatalities, or property damage worth more than $1,000 occurred, you must file an MV-104 (Report of Motor Vehicle Accident) within a limited amount of time. Failure to do this could result in a suspension of your driving privileges.

What the police do at the accident scene

Once they arrive, police officers will take control of the accident scene. The police are likely to take statements from everyone involved in the car accident. Answer the officer’s questions truthfully and fully, sticking to the facts. The officer will create a police report that could form a key part of your personal injury case.

Property-damage-only car crashes

If your car crash only involved property damage, you are not required to report it to the police department in New York City. However, to protect your legal rights and satisfy insurance company requirements, you must complete the Report of a Motor Vehicle Accident and file it with the Department of Motor Vehicles.

Exchange Information

According to the New York State Vehicle and Traffic Law, it is illegal to leave the scene of a car accident without exchanging information with the other involved motorists.

Be sure to get the following information:

• Full names, addresses, and contact information of drivers involved and eyewitnesses

• Driver’s license information

• Owner’s details, if not the driver

• Insurance information, including the policy number

• Vehicle license plate number, make, and model

Tensions can run high after a New York car accident. Under no circumstances should you get involved in a discussion with the other motorists about who was at fault. New York is a no-fault state for car accidents. This means that, if you sustain injuries in a car accident, you must first file a claim with your own insurance company – regardless of who was at fault.

Depending on the circumstances of your vehicle collision, it may be possible to file a personal injury lawsuit and claim damages for your injuries. However, leave discussions of fault to your personal injury lawyer, who can build a case for compensation and handle all negotiations on your behalf.

Document the Accident Scene

If you feel well enough to do so, it could strengthen your case to gather evidence from the accident scene.

Potential evidence could include:

• Property damage: Take photos of your car from multiple angles to show the damage it has sustained. Remember to photograph the interior and any other property damaged in the accident, such as personal items.

• Damage to other vehicles: Photograph the damage sustained to any other vehicle involved to build a complete picture of the scene.

• Accident scene: Take a few steps back and try to photograph or video the entire scene. Capture skid marks, traffic lights, signs, and other evidence on the road. Also, the traffic conditions should be captured to show what may have contributed to the car crash.

• Injuries: Take photographs of your injuries as soon as possible after the accident.

Depending on the circumstances of your case, a personal injury attorney may be able to use the evidence you gather at the scene to build a case for fair compensation.

Contact Your Insurance Company

In New York, if you were injured in a motor vehicle crash, you have a limited period of time to file a written notice of claim with your insurance company. Your insurance company will normally send you a copy of the MV-104 report, which you must send to the DMV, along with your insurance claim form.

Your insurance company will respond with an Application for Benefits and a letter outlining your rights and obligations under your policy. You can use this form to claim compensation for medical bills and reimbursement for lost wages.

Limits on no-fault insurance coverage

No-fault insurance provides basic coverage for economic losses. If your losses exceed a certain amount, you may be able to apply for Additional No-Fault (Additional PIP) benefits, which is optional coverage, or make a claim on your standard health insurance.

If you sustained a serious injury, as defined by Section 5102(d) of the New York Insurance law, you may be able to sue the at-fault driver for damages beyond the limits of your no-fault insurance coverage.

Cautions with insurance companies

New York’s no-fault insurance laws may give the impression that your insurance company will take care of you after a car accident, no matter who was at fault. However, all insurance companies look out primarily for their own interests, not yours. Be careful about what you say to them and never let the insurance adjuster convince you that he or she is your friend.

Do not try to navigate New York’s no-fault insurance laws alone, especially if you sustained a serious injury. Instead, talk to an experienced New York City personal injury attorney as soon as possible after your vehicle collision. A lawyer can explain your legal rights and avenues that may be open to you for compensation.

Contact a New York City Car Accident Attorney

If your New York City motor vehicle crash resulted in severe injuries or death, the stakes are too high to go it alone. You need to talk to an experienced car accident attorney to get a clear understanding of your legal rights.

We understand that contacting a personal injury lawyer after a car accident could be overwhelming. You may worry about how you can afford to hire an attorney.

However, while there are no guarantees in personal injury cases, working with an experienced New York City car accident lawyer could give you a better chance of securing fair compensation. After all, hiring one may be easier than you think.

Free consultation and no fees upfront

Most personal injury lawyers offer a free consultation. A compassionate attorney will listen to your story and explain the legal action you may be able to take. There is no pressure to hire a lawyer, and you can walk away at this point with nothing to pay.

If a personal injury lawyer believes your case has a strong chance of success and agrees to take it on, he or she will usually work on a contingency fee basis. You will only pay a fixed percentage fee if your attorney wins your case.

On the other hand, if your case is unsuccessful, you will have nothing to pay. These terms allow you to pursue compensation for your severe injuries with more confidence, free of risk.

What personal injury lawyers can do for you

When you hire a personal injury lawyer immediately after a motor vehicle collision, you hand over all the stress and hard work to your attorney.

Your lawyer can do the following on your behalf and more:

• Investigate your case

• Collect evidence and build a strong case for liability

• Calculate the full extent of your losses, including medical bills, lost wages, property damage, pain and suffering, and other non-economic losses

• Negotiate with insurance companies to pursue fair compensation

• Fight your case in court if negotiations are unsuccessful

Trust Hill & Moin With Your NYC Car Accident Case

At Hill & Moin, we understand how distressing a New York City car accident can be. To make matters worse, insurance company bullies may try to pressure you into accepting a lowball settlement that does not cover your actual needs. Now is the time to secure your future, not simply hope for the best from an insurance company.

As lawyers with years of experience fighting New York City car accident cases, we fight tenaciously in pursuit of maximum settlements for our clients. We have secured many six- and seven-figure settlements for motor vehicle accident victims. For us, your case is personal. That is why our clients feel like we are their lawyers in the family.

Now is the time to explore your legal rights with Hill & Moin LLP. Call us at (212) 668-6000 to discuss your case with an experienced New York City car accident attorney. Alternatively, fill out our contact form, and we will call you back very soon to discuss your Personal Injury Recovery SolutionsⓇ.

Don’t wonder about your rights!

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It was a typical summer day in Brooklyn, when L. Ayala tripped and fell on a hazardous, defective sidewalk. When L. Ayala fell she knew she was in excruciating pain and waited for EMS to arrive and rush her away to the hospital where it was found she had sustained injuries to her shoulder, knee and wrist. L. Stuck wearing a sling and still in pain, L. Ayala’s son knew just who to call to help represent his mother after her accident, the attorneys at Hill & Moin, LLP.

During the initial consultation the attorneys explained to L. Ayala the legal steps that are taken during a personal injury lawsuit and began working on L. Ayala’s case promptly. Throughout her experience with Hill & Moin, L. Ayala appreciated how the attorneys and staff kept her up to date with any new updates regarding her case every step of the way. The case was resolved, and L. Ayala received compensation in the amount of $300,000.

Elated by the news that her case had settled, L. Ayala thanked the attorneys for all their hard work. When asked how she found her overall experience L. Ayala praised the office for how great everything and everyone was and gave her overall experience a 5 star review.

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Slip and fall accidents are among the most common personal injury claims in New York City, often caused by hazards like slippery floors, icy pavements, or a lack of public lighting. But not every slip and fall incident leads to a successful legal claim. If you’re wondering, “What makes a slip and fall case valid in NYC?,” this guide will explain the critical elements of a valid premises liability claim and the steps you can take to ensure your case is strong.

Elements of a Valid Case in NYC

To establish a valid premises liability claim in NYC, several factors must be proven:

1. Duty of Care
   Under New York law, property owners have a legal responsibility to maintain their premises in a reasonably safe condition. This includes fixing hazards like wet floors and posting signs for any temporary dangers.
2. Breach of Duty
   A slip and fall case hinges on proving that the property owner’s negligence directly caused the hazardous condition. For example, if the owner ignored maintenance records indicating unsafe conditions, they may be held liable.
3. Causation
   The fall must be directly caused by the hazardous condition. Whether it’s wet sidewalks or inadequate lighting, the injured party must demonstrate a clear link between the fall and the property owner’s failure to address the issue.
4. Damages
   A slip and fall lawsuit requires evidence of damages, such as medical bills, lost wages, or emotional problems. Documentation like medical records and photographs of injuries can help establish the severity of the harm suffered.

Common Causes of Slip and Fall Accidents in NYC

New York slip and fall incidents can result from a variety of hazardous conditions, including:

• Slippery Floors: Unmarked spills or recently mopped surfaces without proper signage.
• Icy Sidewalks: Failure to remove snow and ice in a timely manner, as required by NYC regulations.
• Uneven Pavement: Cracks or elevation changes that create tripping hazards.
• Poor Lighting: Dimly lit areas that make it difficult to spot hazards.
• Unsafe Conditions: Obstacles in walkways or cluttered staircases.

Each of these scenarios can form the basis for a slip and fall claim, provided sufficient evidence supports the property owner’s negligence.

Key Evidence in Slip and Fall Cases

Building a strong slip and fall case requires compelling evidence that demonstrates the property owner’s failure to maintain safe conditions. Key evidence includes:

1. Photographs of the Hazard
   Visual documentation of the fall accident scene, such as wet floors, icy sidewalks, or debris, can provide undeniable proof of negligence.
2. Witness Testimony
   Statements from witnesses who observed the fall accident or the hazardous condition can strengthen your case.
3. Medical Documents
   Detailed documentation of your injuries, including treatment for serious pain or chronic pain, supports your claim for damages.
4. Maintenance Documents
   If available, these records can show whether the property owner neglected their duty to address known hazards.

Common Defenses in Slip and Fall Lawsuits

Property owners and their insurance companies often try to dispute slip and fall lawsuits by using common defenses, including:

• Comparative Negligence: Arguing that the injured person’s own negligence contributed to the accident, such as failing to notice warning signs or ignoring visible hazards.
• No Prior Knowledge: Claiming they were unaware of the unsafe condition, which is why prompt reporting of hazards is crucial.
• Trespassing: If the injured party was not legally permitted to be on the property, the responsible party may not be held liable.

An experienced attorney can counter these defenses and help you recover the fair compensation you deserve.

Understanding Premises Liability in NYC

Under New York slip and fall laws, premises liability establishes the property owner’s negligence as the central issue. NYC property owners are required to comply with liability laws that ensure public and private spaces are safe for visitors. Failing to uphold this responsibility can lead to slip and fall lawsuits.

A successful premises liability claim often hinges on proving that the property owner had prior knowledge of the hazard. For instance, if a store owner ignored wet floor warnings or failed to fix a damaged staircase despite complaints, they could be held liable.

Compensation in Slip and Fall Cases

Victims of slip and fall accidents may be entitled to compensation for:

• Medical Expenses: Hospital bills, surgery, or physical therapy related to serious injuries like broken bones.
• Lost Wages: Reimbursement for time missed from work due to injuries.
• Emotional Distress: Compensation for pain, suffering, and mental anguish caused by the accident.

To ensure a fair settlement, work with experienced slip and fall lawyers who can negotiate with the insurance company on your behalf.

Why Choose Hill & Moin for Your Case?

At Hill & Moin in NYC, we specialize in premises liability and have a proven track record of handling fall cases. Our team understands slip and fall cases and will fight tirelessly to ensure you receive the justice and compensation you deserve.

When you choose Hill & Moin, you gain access to:

• Personalized legal strategies tailored to your case.
• Experienced attorneys who know NYC’s fall laws inside and out.
• A dedicated team ready to handle every aspect of your slip and fall lawsuit, from gathering evidence to negotiating your setlement.

We offer a free consultation to discuss the details of your case and provide clear guidance on the next steps.

Steps to Take After a Slip and Fall Accident

If you’ve been involved in a slip and fall accident, follow these steps to protect your rights:

1. Seek Medical Care: Document your injuries with a healthcare provider.
2. Report the Incident: Notify the property owner or manager immediately.
3. Document the Scene: Take photos and gather evidence of the hazard.
4. Contact Our Lawyers: Schedule a consultation with an experienced attorney to discuss your options.

Protect Your Rights

A valid slip and fall case in NYC is a combination of clear evidence, a proven link to the property owner’s negligence, and an experienced legal team advocating on your behalf. If you’ve suffered injuries in a fall accident, Hill & Moin is here to help you navigate the complexities of New York slip and fall laws and secure the compensation you deserve. Contact us today for a free consultation and let us help you on your path to recovery.

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It was a routine afternoon for Tenisha Desire, a nurse in New York, as she went into a physician’s office to perform her standard work duties. Suddenly, a motor vehicle struck the office, injuring Ms. Desire, the type of accident one would see on the news or social media. Various parts of her body were injured. As a result, Tenisha began searching for attorneys with expertise in personal injury law on Google to ensure she received the best legal representation. Hill and Moin’s presence was prominent.

Tenisha met with the attorneys at Hill & Moin and later reflected that retaining the firm was one of the best decisions she ever made. She rated the firm 5/5 for providing exemplary legal services. The highlight of her experience was communicating with Ms. Amelia Ortiz: a long-term paralegal with the firm known for her gracious hospitality and wonderful personality, a testament to the workplace qualities Hill & Moin instills among its employees.

The incredible work by the Hill & Moin attorneys landed Desire a settlement amount of $125,000. When asked about her next steps, she enthusiastically responded that she hopes to return to work after being unable to do so for two years. Tenisha Desire’s determined attitude is a firm reminder of the deep work ethic possessed by New Yorkers. When questioned about any future plans for her settlement funds, Desire immediately noted that savings and education were her primary goals.

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As she was on her way home, a Williamsburg resident tripped and fell on a defective sidewalk. Immediately in pain, emergency medical services were thankfully called and she was promptly seen by doctors who diagnosed her with injuries pertaining to her right arm. Advised by those closest to her she reached out to the Hill & Moin, LLP team to find some help to remedy this awful accident.

Immediately the attorneys at Hill & Moin began working on the client’s case and provided her with feedback on a regular basis that helped keep her in the loop with the progression of her lawsuit. In the client’s own words, the staff was “wonderful, courteous and explained everything” while her case was in process. At the end of her case, the attorneys obtained a $500,000 settlement for our Brooklyn client.

Feeling optimistic about her future now that she has received her settlement, the client hopes to be able to buy a new home for herself and her family. Proving that there is a bright side even in the most unfortunate of accidents.

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Unfortunately, due to the high volume of traffic and road congestion, car accidents in New York City are an all-too-common occurrence. In 2023, there were over 51,000 traffic accident-related injuries in NYC.

Whether it was a minor fender-bender or a serious car accident, dealing with the aftermath of your collision is no doubt stressful. In theory, auto insurance is meant to protect you after an accident, compensating you for your injuries and losses. However, in practice, insurance companies often prioritize their bottom line over providing fair compensation.

In this article, we will discuss insurance companies’ tactics to devalue car accident claims and how a personal injury lawyer can help ensure you receive the full compensation you deserve.

How New York’s No-Fault Insurance Laws Affect Your Car Accident Claim

New York is a no-fault state. This means that if you are involved in a car accident, your own insurance policy is responsible for covering certain costs, regardless of who caused the crash. This includes financial compensation for medical expenses, lost wages, property damage, and other out-of-pocket expenses.

However, your own policy may not cover all of your financial losses after a car accident. Medical coverage usually caps out around $50,000, which may not be enough if you have been severely injured. Furthermore, your no-fault insurance personal injury protection plan does not cover pain and suffering, emotional distress, or other non-economic damages – which can be significant in more serious car accident cases.

Understanding when and how to step outside of the no-fault system to file a personal injury lawsuit can be difficult. A car accident attorney can help you explore your compensation options and ensure that you take the right legal steps.

Beware of Common Insurance Company Tactics

It is important to remember that insurance companies are profit-driven businesses that are not looking out for your best interests. Their goal is to settle for as little money as possible, and they often use various tactics to achieve this – even if it comes at the expense of the accident victim’s rightful compensation.

Consider some common strategies insurance companies use to reduce or deny car accident claims:

• Quick settlement offers: The insurance adjuster may be quick to offer you a settlement shortly following the accident, while you are still recovering and unsure of the long-term impact of your injuries. These offers may not even be enough to cover your future medical bills or lost income.
• Delaying the claims process: The insurance company may intentionally drag its feet in processing your claim. They may request excessive documentation or find other ways to avoid paying your claim, hoping you’ll accept a lower offer out of frustration.
• Denial of car accident claims: The insurance company may deny your claim outright by asserting that the accident was your fault, that your injuries were pre-existing, or that they are not covered by your policy.

Since insurers do not always act in good faith, please know that trying to handle insurance negotiations without an NYC personal injury attorney can put you at a severe disadvantage. You may be left under-compensated for your injuries and financial losses.

Avoid Common Mistakes When Pursuing a NYC Car Accident Insurance Claim

It is important to avoid certain common mistakes when dealing with the insurance company after a car crash. In fact, you can maximize your chances of receiving fair compensation by:

• Delaying reporting the accident: Don’t wait too long to report the accident to the insurance company. Most insurance companies require that any car accident be reported in a timely manner, and failure to do so could lead to a denial of your claim.
• Failing to seek medical attention: If you delay getting medical help after an accident, the insurance company could argue that your injuries weren’t serious or that they were caused by something other than the collision. Be sure to get a medical evaluation as soon as possible and follow through with any recommended treatments.
• Providing inaccurate information: When speaking to the insurance company, provide clear and accurate details about the time, date, location, and the parties involved in the accident. Avoid exaggerating or downplaying any facts. Inconsistencies could hurt your credibility and negatively impact your claim.
• Admitting fault: Emotions may run high after a motor vehicle accident, and you could be tempted to apologize or accept blame. Even if you believe you were partially at fault, do not accept liability when speaking with the insurer. Any statements you make admitting fault could reduce your chances of receiving compensation.
• Providing a recorded statement: Giving a recorded statement without consulting a lawyer is not a good idea. The adjuster may ask questions designed to elicit responses that could weaken your claim. It is wise to decline given a recorded statement until you have spoken with a lawyer.
• Signing a release too soon: If the insurer sends you a release of claims or a settlement agreement, refrain from signing until you have reviewed it with your lawyer. Signing before you know the full scope of your injuries could leave you without the money you need to cover your medical treatments and other expenses.
• Handling the claim without legal representation: Some accident victims try to handle the insurance claim process on their own, thinking they will save money by not hiring a lawyer. Insurance companies have teams of adjusters and attorneys working for them, and navigating the claims process without legal help can put you at a disadvantage. An attorney from a personal injury law firm can negotiate on your behalf and make sure you recover full compensation for your losses.

Why Hire a New York City Car Accident Lawyer

Dealing with the insurance company will likely be one of the most challenging aspects of your New York City car accident claim. Consider some ways a personal injury attorney can help you get a fair settlement following a motor vehicle accident.

Negotiating with the insurer

Insurance adjusters are trained to offer the lowest possible settlement in hopes that the accident victim will accept it without question. When you don’t have a lawyer by your side, the insurance company may assume that you are unaware of the full value of your claim and try to pressure you into accepting a fast and low settlement.

Experienced personal injury attorneys are skilled negotiators who know how to challenge unfair settlement offers. Your lawyer will negotiate aggressively on your behalf to ensure that you receive money to cover all of your damages.

Gathering evidence

The insurance company may challenge the severity of your injuries or dispute liability for the motor vehicle accident. To counter this, you will need strong evidence to support your claim.

Car accident lawyers know how to gather evidence necessary to support your claim:

• Medical records: Your attorney will gather all of your medical documentation, including hospital records, doctor’s notes, and treatment plans, to demonstrate the full extent of your injuries
• Police report: Personal injury attorneys will review the official police report and use it to support your claim
• Witness statements: Your attorney will contact any witnesses who saw the accident or its aftermath; their statements may be able to corroborate your version of events
• Video footage: Lawyers will try to collect video documentation recorded at the crash scene, as well as footage from dashcams, traffic cameras, and video surveillance cameras
• Expert testimony: Personal injury attorneys will, at times, consult experts in various fields, such as medical professionals, accident reconstruction specialists, and economists, to provide testimony that strengthens your case

By compiling this evidence, your attorney will build a solid case that forces the insurance company to take your claim seriously.

Communicate with the insurer

Another benefit of hiring an accident attorney is that he or she will handle all communication with the insurance company on your behalf.

Adjusters are trained to ask leading questions and look for ways to minimize your claim. If you speak to them directly, you might inadvertently say something that could be used against you later.

Personal injury lawyers understand these tactics and know how to communicate effectively with insurance companies to avoid common pitfalls. Your lawyer will ensure that the insurance company only receives the information necessary to process your claim – preventing the insurance adjuster from twisting your words to reduce the payout.

Litigate in court

While many auto accident claims are settled out of court, there are situations where the insurance company refuses to offer a fair settlement. If negotiations are unsuccessful, your lawyer will be prepared to file a civil lawsuit and present your auto accident case in court.

Insurance companies tend to be more willing to offer a fair settlement when they know that the accident victim is represented by a lawyer who is not afraid to litigate.

If your case goes to trial, your lawyer will represent you in court, present evidence, cross-examine witnesses, and fight for the maximum compensation you deserve.

Choosing the Right Lawyer to Handle Your NYC Car Accident Case

If you have been involved in a motor vehicle accident in New York City, choosing the right law firm and attorney to represent you can significantly impact the outcome of your case. Filing an insurance claim and navigating the legal system can be challenging.

Here are some tips to ensure you select the best car accident lawyer to handle your case:

• Experience in your case type: Many personal injury lawyers are skilled in handling a variety of case types such as car accidents, medical malpractice, liability for defective products, and slip-and-falls. You want to choose a lawyer who has successfully handled cases similar to yours.
• Solid reputation: Online reviews, client testimonials, and professional recognition can give you insight into how a lawyer is viewed. Look for attorneys who are respected by their peers, former clients, and the legal community.
• Good communication skills: During your initial free consultation, evaluate how well the lawyer listens to your concerns and answers your questions. A lawyer who takes the time to explain your legal options, timelines, and potential outcomes demonstrates that he or she is dedicated to your case.
• Evaluate the attorney’s resources: A well-established law firm with access to expert witnesses, medical professionals, accident reconstructionists, and other resources can strengthen your case. Make sure to choose an attorney who has the tools and legal team needed to manage your case thoroughly, from start to finish.
• Trust your instincts: Does something feel off during your initial consultation? If so, keep looking. You need a lawyer you feel comfortable and confident in. The person you choose to represent you should be someone you can trust to fight for your best interests throughout the process.

Contact Hill & Moin for Help Dealing With Insurance Companies

Dealing with insurance companies after a car accident in New York City is no easy task. Our legal team can handle your case from start to finish, offering support and legal guidance. While a personal injury lawyer handles every aspect of filing your claim and securing compensation for your losses, you can focus on your recovery.

At Hill & Moin LLC, we take car accident cases on a contingency fee basis. You do not pay any upfront costs or fees, and we only get paid if your case is successful and you receive a settlement or reward.

If you have been injured in a car accident in New York City, NY, don’t leave your financial future in the hands of insurance companies. Contact our law firm today to ensure you get the help you need during this challenging time.

With our law firm on your side, it’s like having “a lawyer in the family,” as clients have told us. Call (212) 668-6000 to schedule a free case review and discuss your Personal Injury Recovery SolutionsⓇ.

Don’t wonder about your rights!

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