Category:

Challenging weather conditions lead to slip-and-fall accidents, which are more common than you might think. The New York State Department of Health reports that falls are the leading cause of injury hospitalizations, and many of these can be attributed to hazardous weather conditions.

Property owners and managers have a responsibility to maintain safe conditions for visitors and passersby when harsh weather strikes. If you were injured in a slip-and-fall accident due to a property owner’s negligence, you may have the right to pursue a personal injury claim.

However, the impact of bad weather on slip and fall claims is not always straightforward. Understanding how adverse weather affects these cases may help you protect your rights.

Increased Hazards Due to Adverse Weather

Various weather conditions can create fall hazards.

Here are a few examples of situations that increase the risk of slip-and-fall accidents:

• Rain: Wet surfaces become slippery, especially on wet floors or smooth surfaces like tile or polished stone. Rain can also create puddles that may not be immediately visible to pedestrians.
• Snow and ice: These are perhaps the most notorious weather-related hazards. Snow can hide underlying ice, creating a deceptively dangerous surface. Black ice, in particular, can be nearly invisible to pedestrians.
• Leaves and debris: Autumn weather can lead to an accumulation of wet leaves on walkways. This can create a slippery surface difficult to navigate.

Comparative Negligence in Weather-Related Slip and Fall Cases

In New York, slip and fall cases often involve the concept of comparative negligence. This means that if you are partially responsible for your slip-and-fall, your compensation may be reduced.

In weather-related slip and fall cases, both the property owner and the injured party may share some responsibility. For instance, if you are wearing unsuitable footwear during icy conditions or ignoring visible warning signs, you might be found partially at fault for your injuries. This could reduce the amount of compensation you are entitled to receive.

The Importance of Evidence in Slip and Fall Claims

The weather can change rapidly, making it crucial to gather evidence as soon as possible after slip-and-fall accidents.

If you are involved in a weather-related slip-and-fall accident, consider taking the following steps:

• Photograph the area where you fell, including any ice, snow, or water that contributed to your fall
• Note the weather conditions at the time of your fall
• Gather contact information and witness statements from any witnesses
• Report the incident to the property owner or manager
• Seek medical attention for your injuries

Such evidence can be invaluable in proving the hazardous conditions that led to fall accidents. This information can also prove the property owner’s negligence in addressing these hazards.

Weather Forecasting and Property Owner Liability

An often overlooked aspect of weather-related slip-and-fall accidents is the role of weather forecasting in determining owner liability. Modern technology provides increasingly accurate weather predictions, which can affect how courts view a property owner’s duty of care.

Foreseeable weather events

When severe weather is forecast well in advance, property owners may be expected to take some preventative measures to reduce potential weather hazards beforehand.

For instance, if a major snowstorm is predicted, property owners might be expected to have snow removal equipment and supplies ready. In anticipation of heavy rain, they may need to ensure proper drainage systems are in place and functioning correctly.

Failure to prepare adequately for anticipated weather events could be seen as negligent, potentially strengthening a slip and fall claim.

Sudden weather changes

Unpredicted weather changes may work in favor of the property owner. If a weather event such as a flash freeze occurs without warning, courts may be more lenient in their expectations of how quickly a property owner should respond to the hazard.

It is important to note that property owners are generally not expected to remove snow or ice continuously during an ongoing storm. The law typically allows for a reasonable time after the end of the storm for the owner to address hazards.

The reasonable time standard

Courts often apply a “reasonable time” standard when assessing a property owner’s response to weather-related hazards.

What constitutes a reasonable time can vary based on:

• The severity of the weather condition
• The accuracy and timing of the weather forecast
• The resources available to the property owner
• The location and type of property

For example, a large commercial property in a busy urban area may be expected to respond more quickly to hazards than a small residential property in a rural setting.

Technology and Weather-Related Slip-and-Fall Accidents

Advancements in technology are changing how weather-related slip and fall cases are litigated. These developments can affect both the prevention of accidents and the gathering of evidence when accidents occur.

Weather data as evidence

Detailed historical weather data is now more readily available than ever before. This can be crucial evidence in a slip and fall case.

For example:

• Precise temperature and precipitation records can back up or dismiss claims about icy conditions
• Wind speed data might support arguments about the reasonableness of expecting a property owner to keep an area clear of debris
• Visibility records could factor into determinations of comparative negligence

Video surveillance and weather conditions

Many properties now have extensive video surveillance systems. When combined with weather data, this footage can provide powerful evidence in personal injury cases.

Video surveillance may show:

• The weather reports exact conditions at the time of the fall
• How long a hazardous condition existed before the incident
• Whether the building owner took reasonable steps to address weather-related hazards

Contact a Hill & Moin Slip and Fall Lawyer Today

Weather conditions play a complex and multifaceted role in personal injury claims. If you have been injured in a weather-related slip-and-fall accident, contact one of our lawyers.

It is important to understand how various weather conditions might affect your case. The experienced personal injury attorneys at Hill & Moin LLP can provide valuable insights.

A free consultation with us can reveal your options for pursuing compensation. Contact Hill & Moin’s experienced attorneys to learn about your Personal Injury Recovery Solutions®. Call us at (212) 668-6000 to schedule your free case review.

Comments closed

The tragic events of September 11th, 2001 devasted the nation, especially New Yorkers. But for M.C. and her family, it will forever be felt even closer to the heart. M.C.’s husband had been employed as a worker for the sanitation department in Manhattan. Despite the emotional turmoil of the situation, he pressed on and continued with his duties on the job.

What he may not have been aware of was that he was left exposed to various nasty toxins and chemicals, day in and day out for many hours. Fatefully, this eventually led to the development of his fatal lung cancer. M.C. and their family were crushed by their loss and reached out to Hill & Moin, LLP for guidance and support in the wake of their tragedy.

Recognizing that the attorneys had significant experience navigating 9/11 Victim’s Compensation claims, she was certain that they would be able to prevail. Although the circumstances that brought M.C. to Hill & Moin’s door were heart-rending, she was comforted by the way they handled her claim and the delicate care that they showed, all while laboriously securing her a settlement of over $600,000 for the devastation she and her family had experienced.

Beginning to build back her life, M.C. hopes to invest her newly awarded funds in home improvement projects to brighten up her days.

Comments closed

Getting into a car accident in an unfamiliar place can be one of the scariest of life’s experiences. Your next steps can impact your future for years to come, so you need to make the right decisions from the beginning.

At Hill & Moin, our car crash attorneys strive to be reliable guides for our clients. You can turn to us for advice whenever you need to take legal action after a motor vehicle accident.

Our help starts now. Consider the practical tips shared below, and contact us as soon as you can to schedule a free consultation. You can reach us at (212) 668-6000 or by leaving us a brief message. 

Take Immediate Action After a Car Accident

Car accidents can leave vehicles in dangerous positions. Leaving your vehicle in the oncoming traffic lane, for example, could lead to another crash.

Don’t leave the scene or risk more injuries. Instead, move your car to safety nearby, if possible.

If you cannot immediately move your vehicle, then put on your hazard lights, engage the parking brake, and turn off your engine. Once safe to do so, take the following steps or delegate these important actions to someone you trust.

File a police report

Seek emergency medical help for yourself or anyone else who needs immediate treatment. You can report the accident to the local police anywhere in the United States by calling 911.

Each state has its own rules, but New York law requires you to report any car crash:

• Involving a fatality
• Causing injuries to any person
• Killing or injuring a domestic animal
• Damaging property (e.g., a parked vehicle, a fence) if you cannot inform the owner
• Requiring a vehicle to be towed
• Causing over $1000 of accident damage

Even if your accident does not fit these criteria, you should still make a police report and see a doctor. Why?

Consider the following reasons:

• A police officer’s objective assessment of the damage can help you prove that you deserve compensation for the costs of mechanical and body repair that you wind up seeking, especially since your rights might vary greatly between states
• An emergency responder or a doctor might notice symptoms of injuries that are not readily apparent to untrained eyes
• Some medical conditions become more serious if left untreated
• Mechanical damages might not be evident without a close inspection by a professional
• If you are unaware of the local reporting requirements, it is better to contact the authorities than risk breaking the law

Additionally, the reporting rules for accidents differ depending on where you are. If you fail to report an accident lawfully, you could lose your driving privileges, which could affect your ability to make an insurance claim. Why take the chance?

Collect information

A personal injury lawsuit must be supported by evidence. Exchange information with all involved motorists, passengers, and eyewitnesses. When accidents happen out of town, it can be difficult or impossible to return to the location later.

Gather as much contact information and details as possible at the scene, including:

• Photos and videos of the accident scene, focusing on damage to all involved vehicles, visible injuries, and relevant features of the accident scene (e.g., missing traffic signs, skid marks, patches of snow and ice)
• The insurance information and driver’s license number of the other driver
• The make, model, color, and license plate numbers of the other vehicles
• The name and badge number of the police officer responding to the accident
• The vehicle ID and route number if the accident occurred on public transportation

Start a file of all the documentation related to the auto accident. Keep copies of your medical records and any expenses related to medical care: like prescription drugs, assistive devices, and travel costs for appointments.

Consult a Car Accident Lawyer

The medical bills and repair expenses after an accident can quickly drain your finances. A personal injury settlement from the negligent party can help you meet your financial needs, yet getting a fair sum from his or her insurance company is often much too difficult to accomplish without professional assistance.

Before you talk to your insurance company, you need to understand how what you say impacts your potential claim. A careless statement could even void your insurance policy.

On the other hand, hiring an experienced lawyer to communicate with insurance companies on your behalf can ensure your claim is processed both correctly and on time.

Visiting a law firm can be intimidating. Yet, the family-like atmosphere at Hill & Moin can put you at ease. Our satisfied clients appreciate how our compassionate lawyers explain their legal options and pursue maximum compensation for their serious injuries.

You can begin without cost or obligation. Send us a message with your contact information, or call our office to schedule a free consultation.

In the United States, there are several types of travel and auto insurance. If you decide to hire our attorneys, we can help you reap the maximum benefits from the following types of insurance coverage.

Understand Your Insurance Features

Private health insurance policies, either paid out of pocket or by an employer, can also offset the high costs of medical care. The United States does not cover citizens while they are abroad. Therefore, many traveling Americans rely on special insurance policies specifically for travelers or expats.

Did you buy a travel insurance policy before your trip? These policies can include different features, such as the following.

Trip cancellation

When your trip is canceled, these benefits cover reservations like flights, train tickets, and hotels. Some plans still compensate even if you cancel because a close family member got sick.

Travel disruption

If there are changes to your trip before or during your travels, disruption benefits can offset your financial losses.

Travel health insurance

Some general travel insurance companies cover medical bills from overseas treatments, or you may need to purchase separate policies that make direct payments to foreign hospitals. Otherwise, you might need to pay for medical treatment out of pocket.

Medical evacuation

If you are in a place that does not have modern healthcare facilities, medical evacuation coverage can cover the costs of emergency transport to a more well-equipped hospital.

What if you get into a car accident in a rented vehicle? Travel insurance policies sometimes offer rental car coverage as a benefit or an add-on feature. In other cases, you have to purchase a separate plan or take advantage of credit card perks.

Rental car insurance

You can file a claim with your travel insurance company if you get into an accident while traveling when it is covered by your policy.

Many packages include a collision damage waiver (CDW) for the damage or theft of rental vehicles. CDWs pay for vehicle damage or theft. Some rental companies otherwise offer policies that cover any financial responsibility for damages or losses related to the car you borrow.

If you did not buy a rental or travel policy, should you be panicking? Not necessarily, as you will discover in the next subheading.

Credit card benefits

Some credit card companies automatically provide travel insurance for related expenses paid for with your card. A lawyer can review your card agreement for medical care coverage and other car accident losses.

No-fault insurance

Most states require drivers to carry insurance on their motor vehicles. New York, New Jersey, and several other states operate under no-fault systems. In these locations, no-fault insurance pays car accident-related medical bills for you and your passengers. You would receive these funds regardless of who caused the accident.

If your expenses are low, you might not need to seek damages from the other driver. However, you can pursue additional compensation if your policy amounts are insufficient.

At-fault insurance

In at-fault states, the person who caused the accident matters greatly. When an accident happens, insurance companies investigate who caused it. They might review the accident report, interview witnesses, and collect other important evidence. The driver determined to be at fault will be the one whose insurance pays for the damages.

What if more than one driver is partially responsible for severe injuries or vehicle damage? In some states, the insurance companies split the costs based on the percentage of fault.

Drivers can be found at fault for many reasons. Some common causes of car accidents include careless or illegal driving actions.

Below are a few examples:

• Reckless driving: Operating a vehicle in a dangerous manner, such as speeding or ignoring traffic laws
• Distracted driving: Driving while not paying full attention to the road or other motorists
• Driving under the influence: Operating a vehicle while impaired by alcohol or drugs

If the damages exceed policy limits, motorists can rely on uninsured driver’s coverage.

Uninsured and underinsured coverage

Suppose you got into a car accident on Staten Island and the driver left without stopping to exchange information. Uninsured motorist insurance policies could protect you in this case, by paying for the expenses that the at-fault driver should have covered.

You can file an underinsured motorist claim if the at-fault driver has insurance but his or her policy limits are too low to cover all of your costs. This accident protection supplements the liable driver’s policy, covering any remaining costs for medical bills or property damage once policy limits are reached.

File a claim with an insurance company

In the eyes of a collision survivor, the purpose of an insurance company is to protect you from financial harm after a car accident. Unfortunately, many companies focus on making a profit rather than on paying out compensation to policyholders.

Hill & Moin is a law firm that understands the system. Since our attorneys know the law, they can use it to serve clients struggling to get what they deserve from money-hungry insurance companies. At times, we need to take cases to trial; in most instances, our successful negotiations result in a fair out-of-court settlement.

Discuss Your Personal Injury Recovery SolutionsⓇ

If you have been involved in a car accident, make sure to prioritize your immediate safety. If you have followed our advice, you will have gathered evidence and filed an accident report with the police. Even with these critical tasks completed, there is still one step to take.

Learn your legal rights. Consulting a professional for guidance can be the turning point in your quest for justice.

To ensure you receive the compensation you deserve, reach out to our law firm today. Contact our experienced accident lawyers now to schedule a consultation at (212) 668-6000, and a member of our team will be happy to assist you. Don’t worry about your rights! 

Comments closed

A personal injury accident can wreak havoc on your life. In the blink of an eye, you can find yourself facing physical injuries, damaged property, lost income, and other financial burdens. If your accident was caused by another person’s negligent or reckless actions, you may have legal recourse for what you have gone through.

That said, the idea of pursuing a personal injury lawsuit may seem overwhelming. Additionally, misconceptions about such lawsuits may add unnecessary stress to an already challenging situation. Sadly, misunderstanding personal injury laws can result in lost opportunities for compensation, mistakes in insurance claims, and even the dismissal of valid cases.

In this article, we will discuss some common misconceptions about personal injury lawsuits. Our aim is to empower individuals to make informed decisions and avoid common pitfalls when pursuing a personal injury claim.

Frequent Myths Surrounding Personal Injury Claims

Personal injury claims and lawsuits are often key to gaining rightful compensation after an accident. However, far too often, misunderstandings and inaccurate information prevent injured parties from seeking the restitution they deserve. Please read on to better understand these frequent misconceptions.

Misconception: Personal injury lawsuits are frivolous and expensive

Frivolous lawsuits are claims with no legal foundation. In reality, most personal injury lawsuits are filed by people who have suffered real injuries. Such ones need financial compensation to cover their damages. Personal injury law allows innocent accident victims to hold the negligent party accountable for his or her actions.

Some believe that personal injury lawsuits are so expensive that only wealthy individuals can afford to file them. However, personal injury lawyers most often work on a contingency fee basis. This means that the attorney is only paid if and when the case is successfully resolved in your favor. Thus, injury victims can generally file a lawsuit without having to pay any upfront costs or legal fees.

Misconception: The insurance company will be fair in handling your personal injury claim

The truth is that insurance companies are big businesses looking to protect their own bottom line. As such, insurance adjusters rarely have your personal well-being at heart. Insurers have a vested interest in paying out as little as possible for each injury claim.

While the insurance company may play a role in the personal injury claim process, relying solely on their advice and guidance may not result in the best outcome for you. A personal injury lawyer can accurately assess the true value of your claim and protect you from low-ball insurance offers. He or she can negotiate with the insurance company on your behalf to attain a settlement that will truly meet your current and long-term needs after the accident.

Misconception: Minor injuries do not warrant a personal injury claim

Some accident victims mistakenly believe that their injuries are not significant enough to justify a personal injury claim. However, even seemingly minor harm can result in considerable medical costs, lost wages, and pain and suffering.

Injury accidents have a way of impacting your life in unforeseen ways. Regardless of the perceived gravity of the incident, if you have been hurt due to someone else’s negligence, you are legally entitled to seek compensation.

It is advantageous to seek medical attention after an accident, even if you do not think you’ve been hurt. Some injuries, even serious ones, do not fully manifest themselves for some time. A medical professional can evaluate and document the full extent of your injuries. Such records will be a crucial piece of evidence if you choose to file a personal injury lawsuit later on.

Misconception: Personal injury lawsuits are only for car accidents

While you may frequently hear of personal injury lawsuits being filed after a car accident, such cases are by no means limited to such incidents. Accident victims may file a lawsuit for any type of injury caused by another individual or entity’s negligence or careless act.

Depending on the circumstances, a personal injury lawsuit may be filed after such accidents as:

• Slip-and-fall accidents
• Trucking accidents
• Bicycle accidents
• Subway accidents
• Boating accidents
• Dog bites and animal attacks
• Medical malpractice
• Nursing home accidents
• Wrongful death
• Other personal injury accidents

Clearly, personal injury law can be applied to a wide range of accidents. What’s more, no two injury events are exactly the same. Therefore, it is advantageous to seek the advice of an experienced personal injury lawyer if you are considering taking legal action against the negligent parties.

Misconception: The at-fault party will have to pay out of pocket

At times, people hesitate to pursue a personal injury case because a family member, friend, or acquaintance was responsible for the accident. Understandably, you may fear that filing a lawsuit will cause them considerable stress and financial hardship.

However, in most cases, it is not the at-fault individual but actually his or her insurance company that pays for the damages. After all, one of the main purposes of insurance policies is to cover accidents and unexpected losses.

Misconception: You can not pursue a personal injury lawsuit for psychological or emotional damage

While physical injuries are most often the foundation of a personal injury claim, psychological and emotional damages can also be included. It is not uncommon for serious accidents to lead to depression, anxiety, and post-traumatic stress disorder (PTSD). Such psychological injuries can have far-reaching consequences.

Thus, when calculating your damages after a personal injury, it is critical to also give thorough consideration to any psychological injuries stemming from the accident. An adept personal injury attorney can help you identify all your damages so as to pursue the maximum compensation for what you have suffered.

Misconception: If you are partially at fault, you can not pursue compensation

Contrary to popular belief, you may be able to recover damages even if you bear partial responsibility for the accident. New York follows a pure comparative negligence rule. This means that you can still be compensated for your injuries, but the amount may be reduced by your own percentage of fault.

New York’s comparative negligence laws and no-fault car insurance rules can be confusing. In a personal injury case, your attorney can help you calculate both the damages and the percentage of fault belonging to each party. This will ensure that you seek fair compensation based on the events that occurred.

Misconception: All personal injury lawsuits go to court

In actuality, most personal injury lawsuits are settled outside the courtroom. Generally, personal injury cases only go to trial after all other options for resolution have been exhausted. Each party’s willingness to negotiate and settle, the strength of the evidence, and potential trial results should be carefully considered before going to court.

Misconception: Personal injury lawsuits are time-consuming

The duration of a personal injury lawsuit can vary greatly. The case’s complexity and the willingness of each party to reach a settlement agreement will both impact the timeline. Since the vast majority of personal injury cases are settled out of court, the legal process can sometimes be completed in a relatively short time.

While it may take time to reach the resolution you need and deserve, an experienced personal injury attorney can ensure that the claims process stays on track.

Misconception: Personal injury claims are easily handled without legal representation

Personal injury claims can be challenging and full of unexpected complications. Some injury victims choose to pursue a personal injury claim without the help of an attorney in an effort to save money on legal fees. Unfortunately, negotiating with a powerful insurance company without legal assistance could significantly reduce your chances of receiving just compensation.

A skilled personal injury attorney will understand all the legal procedures, laws, and rules of evidence that apply to your case. He or she can effectively negotiate with the insurance company and opposing counsel. By handling the claim yourself, you might miss out on the compensation that a well-practiced lawyer could help you obtain.

Contact Knowledgeable New York Personal Injury Lawyers for Advice

The fallout from an unexpected personal injury can be devastating. You may be dealing with chronic pain, lost income, and mounting medical bills. If your suffering is the result of someone else’s negligence or reckless act, you likely have the right to sue for proper compensation under New York’s personal injury laws.

Regrettably, common myths about personal injury claims and lawsuits hold many New Yorkers back from getting the help and restitution they need. Don’t let these hold you back. If you are unsure of your legal rights for compensation after an accident, you need sound legal advice.

The team of personal injury attorneys at the New York law firm of Hill & Moin have dedicated their careers to helping people like you. When we take your case, we will navigate you through the entire legal process. Our professional and empathetic personal injury lawyers do all in their power for each client to be able to rebuild his or her life after an accident.

You can learn about your Personal Injury Recovery SolutionsⓇ and how you can secure your future without any cost to you. Reach out to Hill & Moin today at (212) 668-6000 or complete our online form for a free consultation. A member of our legal team is standing by to take your call.

Don’t wonder about your rights!

Comments closed

It was a crisp autumn day when the unthinkable happened. Jennifer M. was involved in an auto accident while riding a moped scooter in Queens. As the moped was turning a corner there was a collision with an oncoming car that resulted in Jennifer M. sustaining injuries. In pain and unsure of what to do next, Jennifer M. knew she wanted to understand her legal rights and seek justice after such an unfortunate accident. That’s when she got in touch with the legal team at Hill & Moin, LLP.

Jennifer M. met with attorney Eric Wittels who explained in a thorough yet understandable way Jennifer M.’s case and the steps Hill & Moin would take to ensure she received adequate compensation for her injuries. Through Mr. Wittel’s hard work and dedication Jennifer M. was awarded $180,000. “Eric and the staff at Hill & Moin spoke to me like we were friends, and I always felt comfortable asking questions about my case” Jennifer M. would go on to say once she received her settlement check. When asked how she would rate her experience with Hill & Moin, she gave a glowing “5 Star” Google review.

So, what’s next for Jennifer M.? She plans to buy a home in Colombia where her family is originally from and invest in her dreams of having her own day care center, proving that there is a silver lining even after unexpected setbacks.

Comments closed

Driving in traffic can be frustrating and stressful, but depending on the situation, it can also make the ride especially dangerous. On one unsuspecting autumn afternoon, Will Reyes unfortunately found this to be his reality. Driving straight with the right of way on the highway, Will hardly had time to react to the vehicle which had startlingly begun to enter the lane of traffic in which he was traveling.

In the blink of an eye, the careless vehicle had pulled out into Mr. Reyes’ path, striking his vehicle on the side. Will’s body was jolted and pushed into the interior frame and steering wheel. His car came to a rest in a grassy median, and it was then that he realized he was hurt. He was swiftly seen by medical staff and found to have sustained injuries to his shoulder, leg, and knee.

Wishing to set things right, he called Hill & Moin to talk more about what he had been through. Upon reviewing the facts, they formulated a plan and got straight to work on his case. Through diligence and patience, Hill & Moin was able to secure Will a settlement of $167,000.

Looking back, Mr. Reyes has only good things to remember about his experience with Hill & Moin, noting that he gives them “all 5 out of 5 stars.” Looking forward, he has plans to resume his career, continue forward, and buy a fresh set of wheels for his new life on the go.

Comments closed

When one pictures life’s joyous occasions, such as celebrating a birthday, laughter and happiness are what you might hope or even expect to experience. Woefully, S.B. wasn’t so fortunate. Setting off for an event to celebrate her sister’s birthday, S.B. and several pals climbed into the back seat of the car being driven to the venue by another friend. As they traveled along the roadway, S.B. and her friends were chatting quietly amongst themselves. Without warning, the car began to slow and just a split second later, a second out-of-control vehicle ploughed into S.B’s host vehicle from behind. Attempting to brace herself, S.B. was batted around the inside of the vehicle like a human pinball due to the force of the impact.

Although she tried to push through the distressing situation to enjoy her sister’s celebration, S.B. couldn’t ignore the growing pain she found herself to be in. Seeking medical attention, it was confirmed that she had suffered damage to her knee, shoulder, neck, and back and would require corrective surgery to treat her soft tissue injuries. Worried about what to do next and looking for clarity, on a trusted friend’s recommendation, S.B. went straight to Hill & Moin, LLP. Knowing that the firm had decades worth of knowledge and expertise, S.B. knew that the esteemed counsel of Hill & Moin would be able to confidently pursue her case and find her the relief and compensation she sought.

Reflecting on her relationship with the firm, she described Hill & Moin as “great!” An admirer of their straightforward and reliable communication, she found herself at ease with how the questions and concerns she found herself asking were invariably met with confident answers. With strategy and persistence, the attorneys at Hill & Moin negotiated a $200,000 award for all that S.B. had pushed through. With the new promise of a fresh start, S.B. now looks forward to investing in properties while also aspiring to open a hair salon of her very own.

Comments closed

After a slip-and-fall, you might start taking steps to seek damages and feel confident in achieving legal reparation. However, be aware that slip-and-fall accident cases in New York depend on foreseeability. What’s more, the liable party in yours may turn out to be a different entity than you might expect.

This matters because your time is limited. When your slip and fall case is against the owner of a private property, you may have more time to start legal action against the liable party than you would against the Metropolitan Transportation Authority (MTA). When your legal action is against the MTA or a government entity such as the New York City Department of Transportation (NYC DOT), there are very strict laws limiting your right to file a claim.

If you have slipped, tripped, or otherwise fallen on someone else’s property, you cannot afford to waste your precious hours trying to identify the responsible party on your own. Rather, you need slip-and-fall lawyers with the jurisdiction and experience to look into your New York fall accident, determine who is liable for what happened, and file the necessary paperwork – all before your time runs out.

Common Slip-and-Fall Hazards in Most Places

Even if you believe your slip-and-fall mishap resulted in only minor injuries, we urge you to speak to a fall lawyer who can tell you whether or not you have a case. Even if how the accident happened seems like an everyday, unavoidable occurrence, it could be that you are facing both serious injuries and a potentially life-changing legal case.

The New York City slip and fall, lawyers of Hill & Moin LLP, want you to know that even some of the biggest fall accident cases arise from the most common of hazards.

Consider the following dangers that could arise in most environments:

• Loose mats and rugs
• Obstructions in walkways or stairways
• Poor lighting
• Poor maintenance
• Ramps
• Stairs
• Uneven or slippery surfaces
• Weather conditions such as rain, wet leaves, snow, and ice

How a Personal Injury Lawyer Can Help You With Any Slip-and-Fall Accident

When you don’t know where to turn, you need an empathetic attorney with whom you feel comfortable relating your experience and concerns.

Slip and fall attorneys can, at the very least, give you reliable advice and solid options. Generally, personal injury law firms offer a free consultation to any prospective client and may refer your case to a more suitable law firm when appropriate.

When the personal injury attorneys of Hill & Moin LLP take on your case, you can be sure that we feel confident in attaining a settlement or court victory for you. Why?

Because we want any and all clients to be able to afford the legal services they need – that is everyone’s right. Thus, we not only offer you a free consultation but also to handle your case on contingency. This means that we go unpaid if we lose your case.

Our goal for you is to attain maximum financial compensation. From there, we only take a percentage out of your settlement or court award so that both sides are satisfied – we are paid for a job well done, while you never had to pay us out of your own pocket.

Depending on whether your slip-and-fall accident occurred at work, on private property, on public transit, or in an area under government control, your legal claim might be more complicated compared to other fall accident cases.

Now, let’s break down the differences between these premises regarding New York personal injury claims.

At work or on a construction site

Did you fall at work? Depending on the specific factors of your case, you may have to file a workers’ compensation claim or a premises liability claim.

It’s better to call us than to suffer in silence. Don’t worry – regardless of your immigration status, you have rights under workers’ comp law to receive fair compensation for your injuries. 

In many secular settings, elevators, ramps, and cluttered work areas might cause you to trip. Tools or other equipment strewn about can increase the risk.

Whether you fall on a construction site or inside an office building being remodeled, there are sure to be compounded risks of slipping and falling in such an environment. These include:

• Debris in walkways
• Improperly placed cones and barriers
• Inadequate fall protection
• Insufficient warning signs
• Lack of training
• Liquid spills
• Scaffolding problems
• Uneven pavement

If you fell on a construction site as a worker or visitor, come talk to the New York City slip and fall attorneys of Hill & Moin LLP. Our attorneys are experienced in handling a wide range of construction site slip-and-fall accidents. Rest assured, our attorneys will know how to approach your unique case.

On private property

Since slip and fall personal injury cases come under an area of law called premises liability, private property cases across New York come down to one question: Could the property owner have foreseen the serious injury occurring?

This rule of New York’s differs the state from others because liability here depends on a single standard of care. Even if the injured party was not supposed to be there (such as a robber or trespasser) – the property owner can only be held liable for serious injury if he or she could have foreseen the risk and yet failed to fix the problem within a reasonable period of time.

When such circumstances lead to harm, you will typically have up to only a few years to file your personal injury claim and recover compensation. To find out how much time you have left, consult a personal injury lawyer familiar with the current laws applicable to your case.

On business property and most sidewalks

The same rule of foreseeability applies to all local premises liability cases – even when you fell on property maintained by a company – or even on a sidewalk. In the New York City Administrative Code, you will find the unique sidewalk law dictating that the owner of the property “abutting” (being adjacent or connected to) the sidewalk is responsible for keeping that part of the sidewalk safe for passersby or property visitors.

Similar to other private property cases, you may have a few years to file unless your case is an exception to the rule. It’s possible that the sidewalk is considered to be government property or that another factor further limits the time allowed.

On public property maintained by the government 

Did you trip on a public sidewalk? Did you slip when boarding, traveling on, or getting off the Staten Island Ferry? Since the NYC DOT operates that line, you may have a slip-and-fall accident against a government entity in either case.

Or do you? Regarding the foreseeability of injury, our state law is very clear on the matter. A governmental agency must have received written notice of the dangerous condition that caused your fall within a specified number of days before the incident. Otherwise, you will not be able to file against that party.

Further, when the municipality or another government entity is liable, you may have a surprisingly short time on your hands to get your legal case rolling.

Strict deadlines will apply to the following meticulous steps, according to the Comptroller’s Office:

1. Filing a notice of claim with the Comptroller’s Office
2. Settling the claim within the time allowed
3. Waiting a specified number of days after filing a notice of claim to file a lawsuit
4. Filing the lawsuit within the time allowed

Clearly, when you have been hurt in a public area, such as a park, library, playground, or road, there is little time to waste. You may have only days left to file your notice of claim, but a lawyer can make the process easier for you.

On or involving public transit

Not all public transport liability claims will arise against the government. Did you know that the MTA, operating the subway and bus system in NYC and certain rail lines beyond, is a corporate entity?

It has been reported that 15 percent of known subway-track incidents in 2022 were either slip-and-falls or medical emergencies. Even if there were extenuating circumstances leading to your fall, such as a medical condition or your own negligence, you may still have a case against the New York City transit authority responsible for maintaining the property where you fell.

For instance, were you wearing inappropriate footwear at the time you fell? This may be a factor, but under New York’s comparative fault laws, liability can be shared without entirely barring you from recovery. This means that even slip-and-fall accident victims who share 1 percent of the blame may still be able to receive 1 percent of the damages they suffered.

Suppose, for instance, that any of the following was a contributing factor to your accident. If so, your fall attorney can clarify whether the MTA or another entity may be liable:

• Defective access panels
• Improper snow and ice removal
• Inadequate lighting in subway tunnels
• Malfunctioning escalators or elevators
• Malfunctioning train or bus doors
• Poorly maintained pipes and fixtures that leak slippery liquids
• Poorly maintained platform surfaces
• Poor signage around train platforms
• Raised sidewalk gratings
• Sidewalk vaults
• Train derailments or sudden starts or stops
• Turning at excessive speeds

Remember, it matters who operates the entity in charge of the premises where you slipped and fell. The MTA may be separate from the city and state, but you still have to file a notice of claim in advance of taking legal action against them – similar to government liability claims.

So when you don’t know who is liable for your damages, how to file a personal injury claim, what deadlines and paperwork may be involved, or where to turn, call Hill & Moin LLP.

Not only does our law firm serve all of New York State, but we also have a wide-reaching network of lawyers who we trust. Thus, even when we are not suited to handle your case, we can refer you to the right fall attorneys for you.

How New York Slip and Fall Lawyers Can Maximize Your Settlement

Don’t let the hidden costs of slip-and-fall injuries upend your life. It pays to think about what you need – even long term – by taking the following steps:

1. Seeking medical attention: Rather than letting disguised injuries catch you off guard, make sure to see a doctor as soon as possible after your fall. Doing so (1) helps link your physical condition to the event in case of filing a legal claim, (2) ensures serious injuries are discovered before it’s too late, and (3) brings you peace of mind. Your slip and fall lawyer can even direct you to doctors who can give you the treatment or evaluation you need.
2. Calculating the full financial impact: A slip and fall lawyer will be able to calculate the life-long cost of the accident that caused your injuries. He or she will leave no stone unturned in totaling up fair compensation on your behalf. You may be able to pursue damages you didn’t think of, such as the costs of getting to your physical therapy appointments and other medical expenses, long-term prescription medications, or unavoidable job changes and lost wages.
3. Considering emotional damages: Adding up the medical bills, lost wages, and other financial repercussions of your fall may not be enough to ensure you are compensated fairly. An experienced slip and fall lawyer knows this and will not overlook the emotional and psychological impact of a serious injury.

Whether the fall accident took place on public or private property, your case will fare better when you work with experienced personal injury attorneys.

Get Affordable Assistance With Any Slip-and-Fall Accident Case

Even if you are unsure whether or not you want to file a legal claim regarding your slip-and-fall, we recommend that you at least speak with a slip-and-fall claims attorney before deciding not to proceed, speaking to an insurance adjuster, or taking any other steps forward.

This decision could be life-altering for both you and your family. That’s why we at Hill & Moin LLP aim to give anyone and everyone hope for the hardships they are experiencing. Come talk to us during a free consultation where we can assess your case and answer your questions.

At our personal injury law firm based in New York City, we aim to give fall victims an experience that makes them come away saying that working with us feels like having “lawyers in the family.” Some of our clients over the years have said that because we show each and every one that we care about them, their well-being, and their financial recovery.

So don’t be shy – schedule an appointment with our New York City slip and fall attorneys to learn about your Personal Injury Recovery SolutionsⓇ. Call (212) 668-6000 today.

Don’t wonder about your rights!

Comments closed

Settlement: $500,000 Dollars

Antonia was heading home from work in Sunset Park when she was blindsided and hit by an oncoming car in the pedestrian crosswalk. Suffering serious injuries that required surgeries, Antonia was recommended to Hill & Moin by a close friend who knew from personal experience the benefits of working with a firm that treats clients like family.

An appointment was scheduled promptly and with her husband’s help, Antonia met with the attorneys who explained the legal process to both and promised them that Hill & Moin would do all they could to advocate and seek justice for the injuries Antonia sustained. Through hard work and total dedication to help Antonia and her family after such an unfortunate occurrence, her case was settled for the entire insurance policy of $500,000 dollars. They would not accept a penny less.

Antonia and her husband were delighted by the news and immensely grateful for the work Hill & Moin did to provide a clear and focused path forward after her debilitating accident. Antonia recommends Hill & Moin and their kind staff for all their steadfast hard work and for making their dream of purchasing their first home together a reality.

Comments closed

Car accidents can turn lives upside down in an instant. Whether it’s a minor fender-bender or a serious collision, the aftermath is often filled with confusion and stress. One of the most critical aspects of navigating this chaos is proving fault. This task can feel overwhelming, though, for accident victims who are already dealing with serious injuries, medical bills, and emotional trauma.

An experienced car accident attorney can be your ally in these challenging situations – armed with the knowledge and skill to sift through evidence, negotiate with insurance companies, and ultimately help you establish fault where it may not be immediately apparent. With the legal guidance of such a personal injury lawyer, you stand a better chance of securing fair compensation for your losses.

At Hill & Moin LLP, we understand how daunting this process can be for those involved in motor vehicle accidents in New York City. Our car accident attorneys are here to guide you through every step of the legal process. Let us explore how legal representation is crucial in proving fault after a complicated car accident.

What Makes a New York Car Accident Case Complex?

New York’s comparative fault laws are designed to allocate responsibility among parties involved in an accident and adjust compensation based on their level of fault.

Comparative fault, also known as comparative negligence, is a legal principle used to determine how blame is shared among individuals involved in an accident. This means each party can be assigned a percentage of fault, and the amount of compensation you can receive is reduced according to your amount of shared responsibility.

After an accident, an assessment is made to determine how much fault each party bears. For example, if you were speeding but the other driver ran a red light, both actions are evaluated to determine their contributions to the accident.

Each party is given a percentage of fault based on their actions. For instance, if you are found to be 40 percent responsible for the accident and the other driver is 60 percent responsible, you may only receive up to 40 percent of compensation.

For a seemingly minor car accident, determining fault may appear simple and straightforward. Yet, some car accident cases can be trickier than expected. Let us explore several scenarios in which establishing fault can be complex and how a personal injury lawyer can handle the complications.

Accidents Involving Multiple Vehicles

Accidents involving multiple vehicles are among the most complex and devastating types of motor vehicle accidents. These types of collisions can result in extensive property damage, serious injury, and fatalities.

Sometimes a single event, such as a sudden stop or collision, triggers a chain reaction. For example, if a car abruptly stops on a highway, the car behind may rear-end it, causing a domino effect of other collisions with following vehicles.

Pile-ups typically occur on highways or freeways and involve multiple vehicles crashing into one another. These accidents can result in significant pile-ups, cars stacked up on each other.

Why do multi-car accidents happen?

Several factors that may contribute to multi-car accidents are:

• Drivers not paying attention to the road may fail to notice slowing or stopped traffic ahead, leading to chain reactions
• Speeding, brake-checking, tailgating, and sudden lane changes can increase the likelihood of multi-car collisions
• Fog, rain, snow, and ice can reduce visibility and road traction, making it difficult for drivers to stop in time
• Heavy traffic increases the chances of rear-end collisions, which can quickly escalate into multi-car accidents
• Debris, potholes, and other road hazards can cause drivers to lose control and collide with multiple vehicles

Why is it difficult to prove fault in multi-car accidents?

Proving liability in multi-car accidents, also known as chain reactions or pile-ups, can be exceptionally challenging. Note the following reasons why establishing fault in these types of accidents is usually difficult.

Multiple parties involved

With multiple accounts of how the accident occurred, determining who is primarily at fault can be convoluted. Each driver may have a different perspective or recollection of events, leading to conflicting statements.

Complex accident scenes

The nature of multi-car accidents can often be a tangled mess of vehicles and debris. This makes it challenging to piece together a clear and accurate sequence of events. The accident scene can be chaotic, with vehicles scattered in different directions and extensive property damage, complicating the task of accident reconstruction.

Chain reaction dynamics

Figuring out the precise sequence of events and identifying the initial at-fault driver can be particularly difficult in a chain reaction. Each collision in the chain may have contributing factors from different drivers, further complicating fault determination.

Insurance complications

In multi-car accidents, multiple insurance companies may be involved, each representing different drivers. Each provider will conduct its own investigation, and conflicts of interest may occur. Negotiating with multiple insurers can be a complex and prolonged process, with each party attempting to minimize their liability.

Defensive actions by drivers

In multi-car accidents, some drivers may take defensive actions to avoid the collision, such as swerving or braking suddenly. These actions, while intended to prevent a crash, can inadvertently contribute to an accident. Determining the reasonableness and impact of these defensive maneuvers adds another layer of complexity to fault determination.

Rideshare Accidents

Rideshare accidents involve vehicles operating under the umbrella of rideshare companies like Uber or Lyft. These accidents can occur while a driver is waiting for a ride request, en route to pick up a passenger, or actively transporting a customer. Each scenario has different implications for insurance coverage and liability.

The cause of rideshare accidents

The following are just a few factors that may contribute to a rideshare accident:

• Distracted driving: Rideshare drivers rely heavily on their smartphones for navigation, communication with passengers, and managing ride requests. This dependence on technology can lead to distracted driving, which is a leading cause of accidents. Drivers may be looking at their phones instead of the road, causing them to miss traffic signals, pedestrians, or sudden changes in traffic conditions.

• Fatigue: Rideshare drivers often work long hours, sometimes late into the night or early in the morning, to maximize their earnings. This can lead to driver fatigue, which impairs reaction times, decision-making abilities, and overall alertness. Fatigue-related accidents are particularly common among rideshare drivers who balance multiple jobs or drive during peak hours when they are most tired.

• Inexperience: Some rideshare companies have minimal requirements for driver experience, leading to a diverse range of driving skills among their drivers. Some rideshare drivers may be relatively inexperienced or unfamiliar with the areas they are driving in, which can lead to navigation errors and unsafe driving practices. Inexperienced drivers are more likely to be involved in accidents, especially in high-traffic or complex driving environments.

• Poor vehicle maintenance: Rideshare drivers are responsible for maintaining their vehicles, but not all drivers adhere to regular maintenance schedules. Poor vehicle maintenance, such as worn-out tires, faulty brakes, or malfunctioning lights, can lead to mechanical failures and accidents.

What parties may be held liable?

Liability in rideshare accidents can involve multiple parties, making these car accident cases particularly complex.

Potentially liable parties include:

• Rideshare driver: If the driver was negligent, he or she could be held liable for the accident. This includes behaviors like distracted driving, speeding, or violating traffic laws.
• Rideshare company: Depending on the driver’s status, the rideshare company’s insurance policy might cover the accident. A rideshare company may have substantial policies that can provide coverage in these situations.
• Vehicle manufacturers: If a defect in the rideshare vehicle or another involved vehicle contributed to the accident, the manufacturer might be held liable.

When Dangerous Behavior Causes an Accident

Car accidents can be devastating, especially when they involve drunk driving, reckless behavior, or aggressive driving. Proving fault in these complex cases requires thorough investigation.

To prove fault, a car accident lawyer may:

• Gather evidence: The lawyer can obtain police reports and arrest records that show the at-fault driver was under the influence. Lawyers may also collect blood alcohol content (BAC) test results and witness statements.
• Request accident reconstruction experts: These experts are qualified to recreate the accident scene using evidence and data. They can thus show how the accident played out, demonstrating the actions of the drunk, reckless, or aggressive driver.
• Talk to toxicology experts: In car accident cases of drunk driving, toxicology experts can provide evidence of the driver’s impairment at the time of the accident.

These are just a few examples of complex car accidents that can make unraveling liability a challenge. Now, let us see how personal injury attorneys can establish fault.

Holding the Right Parties Responsible for Your Car Accident Injuries

If you are facing the aftermath of an accident, a car accident lawyer can establish fault and build a strong case on your behalf. Here are several ways a car accident lawyer can help prove fault in complex cases.

Investigation and evidence gathering

One of the primary roles of a car accident attorney is to conduct a comprehensive investigation into the accident.

The investigation process involves:

• Collecting accident reports and police reports: These documents provide crucial details about the accident scene, including the positions of the vehicles, road conditions, and any traffic violations noted by the responding officers.
• Interviewing witnesses: Statements from witnesses may offer valuable perspectives on the events leading up to the motor vehicle accident. A personal injury lawyer can identify and interview witnesses to corroborate the victim’s account.
• Obtaining medical records: Medical records and expert testimony can link injuries to the car accident, demonstrating the impact of the crash on the victim’s health.

Utilizing expert witnesses

With everything from a minor car accident to a more serious car accident, expert witnesses could play a pivotal role in establishing fault.

Car accident lawyers often work with:

• Accident reconstruction experts: These professionals use evidence from the accident scene, vehicle damage, and witness statements to recreate the events leading to the crash. Their analysis can be crucial in demonstrating how the accident occurred and who was at fault.
• Medical experts: Medical experts can testify about the extent and cause of the victim’s injuries, linking them directly to the accident. This testimony can be vital in proving the severity of the injuries and the need for compensation.
• Engineering experts: In cases involving vehicle defects or poor road conditions, engineering experts can provide insights into how these factors contributed to the accident.

Requirements for Proving Negligence in Car Accident Cases

Proving negligence is essential for establishing fault after a car accident. You must show that another party’s lack of care caused the accident and your injuries by establishing the following.

Duty of care

First, you must show that the other driver(s) owed you a duty of care. In the context of driving, all drivers have a responsibility to operate their vehicles safely and follow traffic laws.

Breach of duty

Next, you need to demonstrate that the other driver(s) breached this duty. Examples of breaching duty include:

• Speeding: Driving faster than the posted speed limit or too fast for road conditions increases a person’s chances of having a serious auto accident
• Distracted driving: Using a phone, eating, or engaging in other distractions while driving
• Aggressive driving: Aggressive forms of driving, such as tailgating, frequent lane changes, or other forms of reckless driving, may result in a car crash
• Drunk driving: Drunk driving accidents are caused when an individual operates a vehicle under the influence of alcohol

Causation

You must show that the other driver’s breach of duty directly caused the accident. This involves connecting the breach (e.g., speeding or distracted driving) to the collision and your injuries.

Damages

Finally, you need to prove that you suffered damages as a result of the accident.

Economic and non-economic damages can include:

• Medical expenses: Costs for treating your car accident injuries, including physical therapy for serious injuries
• Lost wages: Even if you had a minor accident, you may experience lost wages due to being unable to work
• Property damage: Costs to repair or replace your vehicle or any property damaged in the motor vehicle accident
• Pain and suffering: Compensation for physical pain and emotional distress

Even your own insurance company may complicate matters by disputing your insurance claim or offering insufficient compensation. Additionally, the serious injury threshold must be met to pursue a personal injury lawsuit in New York. Therefore, clearly establishing fault and proving damages can help you successfully seek compensation.

Get the Support You Need After a New York Car Accident

When navigating the aftermath of a car accident, proving fault can be one of the most challenging aspects. Car accident cases that involve multiple parties, conflicting stories, and intricate details can be difficult for an individual to establish liability on their own.

But you don’t have to prove fault alone. The experienced car accident attorneys of Hill & Moin can help you pursue a car accident claim. With our legal team on your side, you won’t just have representation; you’ll have a dedicated ally negotiating with insurance companies and defending any counterclaims.

Let us help you secure the compensation you need for medical expenses, lost wages, and emotional trauma. Contact us today to schedule a free consultation. Complete our online contact form or call (212) 668-6000. We’re ready to listen to your story, answer your questions, and fight for you.

Don’t wonder about your rights!

Comments closed