Category:

When you hurt, you want justice. When your loved ones are in pain, you want to do something to help them. And when you have recently faced a serious accident, you need someone you can rely on to reduce your anxiety and ensure you can make up for your medical expenses and lost wages. That’s why personal injury lawyers exist.

For one, you can consult a personal injury attorney practicing in your state who knows how to deal with your type of case. But is your case big enough to be taken on by a personal injury firm? What kind of cases do personal injury lawyers handle?

We will answer these questions and more in this article, hoping to ease your mind. The compassionate lawyers of Hill & Moin LLP have helped thousands of New York City residents secure their future and achieve justice after a personal injury. You can call us at (212) 668-6000 to find out more about the many types of personal injury claims.

Common Types of Personal Injury Cases

In short, there is an ever-growing list of personal injury lawsuits and claims as years go by. So if you are unsure which of the following categories your case falls under, you can check out other pages here on our website or else contact us personally to find out whether or not you can file a personal injury claim with our help.

While most claims are settled out of court, it’s possible that yours could become a full-on personal injury lawsuit. By seeking help from an experienced personal injury lawyer, you can save yourself the stress of handling the legalities yourself. We have the experience to increase your chances of success, so please bring your story to us to learn your options.

Your initial consultation with us is free, so there is no risk to call or send us a message. Speak to our team now, if you like – our representatives are available 24/7. We want you to get answers as soon as possible.

Traffic collisions

Are you experiencing the pains of whiplash? Is muscle soreness or weakness slowly surfacing as well? Perhaps you are facing the aftermath of a car accident. Maybe you were hit by a much larger vehicle in a truck accident or when you were riding a bike.

Traffic collisions include:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Bicycle accidents, and;
• Pedestrian accidents

It is common knowledge that personal injury lawyers handle car accidents. Some personal injury lawyers specialize in motor vehicle accidents.

No matter the traffic collision you are trying to recover from, a personal injury lawyer here at the law firm of Hill & Moin LLP in New York City can make your goal achievable by giving you the legal advice you need at this difficult time. If we take on your case, you can be sure we will fight for you as if you were a member of our own family.

Maybe it seems you walked away unharmed, but do not be fooled by the adrenaline rush and other immediate physiological effects of a recent trauma. With time, your condition could worsen and other irritating, even severe, injuries could reveal themselves.

Rather than leaving your health up to chance, make sure to see a doctor straight away. You should also consult a personal injury attorney immediately. The involved insurance companies may resist paying you fair compensation, even for a relatively small sum, but you can fight their efforts with the right help.

Personal injury lawyers can back you up in both small and large auto accident cases. They can help you face the imposing legal arguments of major entities if necessary, even an intimidating trucking company or insurance provider. Either way, we want to see you get the amount of money you need to recover both physically and financially.

Perhaps your accident was more than a simple car or bicycle accident. Was public transportation involved? This brings us to the next category of personal injury we have listed for you.

Transportation accidents

A particularly relevant topic to New York City people when discussing personal injury is whether our extensive transit system was involved. Perhaps you collided with a bus while driving your own vehicle. Maybe you were riding the subway when your train malfunctioned or even walking through a train station when you slipped.

A lot can happen in a big city like ours. The Hill & Moin team knows the ins and outs of transportation accident cases, so we can help you figure out your next step when you bring your story to us. There’s no need to fret about the intimidating thought of suing a large transportation company.

Even if your health condition seems dwarfed by the size of the entity you intend to file your personal injury claim against, we will not be intimidated. When Hill & Moin takes on your case, our legal team will give it all we have to protect your rights.

Falls, dog bites, and other premises liability accidents

Premises liability is not as vague as it sounds. Simply put, it is another case type that your local NYC personal injury lawyer can help you with.

If you had a fall accident or a bite from an animal, the category of your case may or may not be premises liability – but this is very possible. Slips, trips, and falls in general are often governed as premises liability accidents, and it’s quite common for dogs to bite strangers in public or at their owner’s home.

Your case type will partly depend on where you were hurt, and perhaps when. When you have a premises liability case on your hands, you had to have been injured on someone else’s property – perhaps at a friend’s house, a store, another place of business, or even on a city sidewalk.

New York governs premises liability law in a unique way compared to other states. Here, the injured party may be compensated if the property owner could have foreseen the injury but still failed to prevent it.

This rule, in some personal injury cases, could smooth out the process of proving your side of the story. It’s possible the money could come your way sooner and easier than if you had to show that you were not a trespasser at the time you got hurt.

The following common personal injury cases could fall under premises liability:

• Slip and fall
• Trip and fall
• Dog bite accidents
• Workplace accidents
• Construction site accidents
• Sidewalk accidents

Not only can premises liability prove to be an especially complicated sphere of personal injury law, but your case may not be as it seems. To make sure your personal injury claim is filed correctly according to the right statute of limitations, consult an experienced personal injury attorney first, no matter how minor your injuries may seem at this time. Serious injuries sometimes take weeks, months, or years to show themselves.

Workplace accidents

New York workers’ compensation law protects all workers. Even if you’re an undocumented worker, there is no need to be concerned about your current immigration status while pursuing a legal claim. Your personal injury attorney can handle your case and protect your rights without the risk of deportation or losing your job, under state law.

Construction accidents are one common source of workplace injuries – as we know too well, here at Hill & Moin LLP. Our personal injury attorneys have extensive experience in handling a wide range of varying construction accidents. These include, but are not limited to, those listed in the following section.

Construction accidents

Make sure to bring your own personal injury cases to your local New York personal injury attorneys right away if you or someone you know has been hurt on an NYC construction site. These injuries tend to be serious.

Perhaps the construction accident in question involved one or more of these:

• Hoisting accidents
• Holes in construction site flooring
• Fall accidents
• Electrical shocks
• Loader accidents
• Improper cleanup and maintenance or other negligence
• Scaffolding
• Heavy equipment and machinery accidents
• Demolition
• Contact with objects or equipment
• Utilities and electrocution
• Exposure to harmful chemicals, substances, or environments
• Explosions and fires
• Welding
• Wrongful death

Please see our web pages, linked above, on each of these subjects to find out more about the case type that pertains to you. Construction accidents may be complex, but the lawyers of Hill & Moin in New York City have an incredible range of experience that we would be happy to use to make your life a little better.

Medical malpractice

Medical malpractice can feel especially devastating to the patient who just wanted relief. Sadly, medical malpractice can mean that your medical treatment only makes your pre-existing condition worse or even negligible, not to mention that the medical bills have yet to stop piling up. Personal injury law is in place to protect you as a victim of this injustice.

You are understandably upset when a medical practitioner, maybe even your own healthcare provider, proves to have hurt you or someone you care about. Unfortunately, such accidents are all too common around here, in a state where the medical malpractice claim payouts happen to have been the highest in the nation for many years in a row.

What kind of medical malpractice are you facing? Our results-oriented law firm and trusted network of lawyers regularly handle cases involving:

• Misdiagnoses
• Delayed diagnoses
• Birth injuries
• Anesthesia errors
• Medication errors
• Surgical errors
• Dental malpractice
• Traumatic brain injuries
• Spinal cord injuries

Medical negligence must be addressed by means of medical malpractice claims. Don’t shrug off even seemingly minor injuries caused by wrongful actions. Instead, come seek advice and legal representation at Hill & Moin LLP in New York City.

Senior citizen’s accidents and nursing home abuse

Has your loved one been hurt by malicious treatment in a nursing home or had a senior citizen’s accident? We feel the pain of this injustice and want to help you hold the liable party responsible for your loved one’s suffering.

Since a senior citizen’s well-being may be especially fragile, make sure to seek help from both the authorities and personal injury attorneys if you notice anything wrong. Both severe and minor injuries resulting from accidents, abuse, and neglect can show up as both physical symptoms and emotional distress.

Wrongful death claims

Indeed, this category of personal injury law deals with more than severe personal injuries. Nevertheless, wrongful death lawsuits are also among personal injury claims.

Understandably, your sense of justice may be especially triggered when a loved one dies due to someone else’s negligent action or inaction. Wrongful death is never a small matter. Please be assured that the compassionate attorneys of Hill & Moin will show you kindness and give you a listening ear when you tell us your story.

Travel accidents

We have also worked with clients to tackle the following travel-related types of personal injury cases:

• Hotel accidents
• Aviation accidents
• Amusement park accidents
• Cruise ship accidents

After a vacation, mishaps or not, you may be tempted to put off going to the doctor or hospital. But if something did happen while you were traveling or out having fun with your family, don’t delay in seeking medical and legal help. Your personal injuries might be more severe, and the legal angle more complex, than you can imagine.

Getting started by consulting personal injury lawyers right away is your ideal course of action. You don’t want to miss the insurance company deadlines or the statute of limitations and lose out on your claim to compensation.

Police brutality cases

You may be surprised to learn that a personal injury lawyer can also handle police brutality cases. Yes, unfortunately, this cruelty seems to be becoming more common.

If you have been unfairly treated by an officer of the law, make sure to seek help. If someone you know admits this happened to him or her, then please urge that person to seek legal help right away. The New York personal injury lawyers of Hill & Moin LLP can tell you whether or not you have a personal injury case.

Catastrophic injury

Perhaps the personal injury victim was up against a larger vehicle as the victim of a motorcycle accident or truck accident. Or else medical malpractice, workplace injury, or birth injury caused him or her to suffer life-changing injuries.

At times like these, the severity of a particularly serious injury determines the case type. For example, the following may be considered catastrophic injuries:

• Spinal cord injury
• Traumatic brain injury
• Burns
• Bone fractures
• Head injury
• Eye injury
• Loss of hearing
• Nerve damage
• Facial trauma
• Crush injury
• Brain damage
• Back injury
• Loss of eyesight

Your personal injury attorney will prove to be invaluable to you in a situation like this. While you focus on your own recovery and your family, the attorneys of Hill & Moin’s trusted network are well-equipped to gather evidence including the personal injury victim’s medical records and medical bills.

New York Personal Injury Lawyers Handle NY Cases

In reading this article, we hope you have found the answer to your original question: What kind of cases do personal injury lawyers handle? As you can see, there is a wide variety.

No matter the firm you choose, your personal injury lawyer should be licensed in the state where you were hurt. Your attorney should also be well-prepared to handle your specific type of personal injury case with the best possible chances of success.

During your free consultation with us at Hill & Moin in New York City, we will prioritize your needs by determining whether we are the right fit for you. We can even refer you to out-of-state attorneys who also utilize our legal strategies.

That’s why our clients know we have their back. Either our personal injury lawyers handle the case you bring to us, or we can refer you to a trusted law firm that suits your needs.

As your lawyers “in the family,” we want what’s best for you and your loved ones, so come to us to find out more. Tell us about your car accident, bicycle accident, construction accident, workers’ compensation, wrongful death lawsuit, traumatic brain injury, or other personal injury case to see how we can help. When Hill & Moin LLP is on your side, you can be confident that your future is secure.

Call to find out your Personal Injury Recovery SolutionsⓇ to seek compensation, get justice, pay your medical expenses, and recover lost wages – dial (212) 668-6000. A free consultation with us is your first step towards the compensation you need to look after yourself and your family.

Don’t wonder about your rights!

Comments closed

When Alex E headed out to deliver orders for UberEats, winding up injured and traumatized before the end of his shift was far from the outcome he expected. Riding on his e-bike, Alex E was lawfully passing through an intersection on a green light when he was unexpectedly hit by a vehicle making a left-hand turn. Sent flying through the air, he made impact with the windshield before rolling over the hood and landing on the pavement below. As a result, he suffered shoulder, neck, and back injuries requiring costly medical treatment. But when he was put in touch with Hill and Moin, LLP, things began to look up. Describing the staff as “absolutely great”, Alex E raved that the performance of Hill and Moin, LLP was above and beyond what he expected when they successfully negotiated a whopping $670,000 settlement! He expressed his delight with the swift way his case was resolved due to the hard work and diligence of his attorneys and their supporting staff. Grateful to have found the office of Hill and Moin, Alex E is looking forward to not only opening both emergency and investment funds, but also enrolling in law school and beginning the next chapter of his life.

Comments closed

When a loved one dies due to negligence, seeking justice is crucial. Filing a wrongful death claim holds the responsible party accountable, prevents recurring harm, ensures financial stability for surviving family members, and brings peace and closure in the face of injustice. But how long does a wrongful death lawsuit take?

Contact Hill & Moin LLP for legal assistance in seeking fair compensation for your wrongful death claim. We offer free consultations.

When you choose Hill & Moin LLP to represent your wrongful death lawsuit, it’s like having “a lawyer in the family.” Call us today at (212) 668-6000 to learn more in a free case evaluation.

What Is the Average Length of a Wrongful Death Lawsuit?

Wrongful death lawsuits are unique. Some cases may only take months to settle while others can take two to four years to resolve.

A wrongful death case is a complicated legal process that cannot be hurried, but an experienced attorney can devote the necessary time and attention to settle wrongful death claims. The right wrongful death lawyer for you will be equipped to handle the various aspects of your suit, whether negotiating with an insurance company or relating another personal injury claim or lawsuit to your case.

Why You Should Not Be in a Hurry to Settle a Wrongful Death Lawsuit

In wrongful death cases, we understand the desire to settle things quickly. It’s natural to be concerned about how long the lawsuit may take.

After losing a loved one, financial struggles can hit hard. The future may seem uncertain if your family relied on the deceased person as the main provider.

Settling a wrongful death suit fast might seem like the best option. It can help cover immediate bills and keep your family out of debt. But you also need to consider the long-term benefits of being patient. A quick wrongful death settlement may offer immediate relief but is not a lasting solution, for the following reason.

Insurance Companies Are Not on Your Side in a Wrongful Death Case

Insurance companies want to pay as little as possible in wrongful death settlements. They often start with a low offer, hoping people will accept it. This process consumes time.

Do not be fooled by this tactic. The initial amount offered is most likely less than what your family deserves. While money can never bring back your loved one, getting the maximum compensation you are entitled to receive is essential for your family’s future.

An experienced lawyer can estimate the amount of compensation you are entitled to and fight for that sum on your behalf. Meanwhile, you can focus on taking time for yourself and your family.

Why Might a Wrongful Death Case Go to Trial?

When a wrongful death claim cannot be settled out of court, the case moves to a trial. Insurance companies may not agree with you on how much should be paid as a wrongful death settlement. The disagreement may be related to what is deemed reasonable funeral and burial expenses or lost wages.

During the trial, the jury listens to the evidence presented by the law firm working on your behalf or that of your personal representative. The jury decides on a fair and reasonable amount for the family members.

The jury looks at the harm caused and whether the death happened because of a crime or a medical mistake. In those situations, the jury might decide that the person responsible should also pay punitive damages.

Punitive damages serve as a form of punishment that can be awarded in certain cases, such as medical malpractice or car accidents involving negligence. This additional penalty serves to hold the defendant accountable for his or her reckless behavior.

What Is Involved in a Wrongful Death Lawsuit?

A wrongful death lawsuit comes into play when a person passes away because of someone else’s negligence. The case may not be settled out of court. This means the surviving family members can bring a wrongful death trial to seek justice.

In such wrongful death claims, the court or a jury decides how much compensation the surviving family members should receive. This amount is calculated by considering various factors such as:

• Victim’s age
• His or her health
• How much the deceased could have earned
• Duration he or she could have lived
• How the deceased supported his or her family
• Mental anguish of surviving family members

What can you do to ensure that you get just compensation in the wrongful death lawsuit? First of all, speak to a lawyer straight away.

Why You Should Get Help From a Lawyer

There are several steps to take when it comes to a wrongful death lawsuit. In any case, though, the process starts with the deceased’s personal representative reaching out to a knowledgeable lawyer.

Wrongful death attorneys can guide you through every phase of the legal process. Your lawyer can ensure the wrongful death lawsuit is filed before the deadlines pass and identify who should be responsible for your loved one’s death. This way, you can seek the right amount of compensation for the harm and mental anguish caused.

Although wrongful death cases end eventually, the journey for injured victims seeking justice and fair compensation can be challenging. However, with the right legal support, you can overcome the legal process and work towards finding closure.

Working with a lawyer also makes it possible for you to respond to an unsatisfactory offer with a strong appeal and achieve justice. For example, if the compensation amount awarded is not satisfactory, you have the right to appeal the decision. You can seek a larger, more fair wrongful death settlement.

What Circumstances Can Affect the Timeline of a Wrongful Death Case?

While you realize it takes some time to settle a wrongful death case, you may wonder, “How long does a wrongful death lawsuit take?”

The answer is: It varies. While one case may take just a few months, others can be more drawn-out and complicated. Factors such as determining fault, proving liability, agreeing on fair compensation, or whether a crime was involved may increase the time needed to settle the claim or case.

Determining fault

One of the first necessary steps is to determine who is responsible for the death. It may not always be clear-cut who is at fault. There may be more than one party responsible. Difficulty establishing the liable party can affect how smoothly the case progresses.

Proving liability

You may feel certain you know who is responsible, but in a legal case, you must prove liability. To do this, you need as much evidence as possible to support your claims. Once liability is established, the next step is to seek a reasonable settlement.

However, the other party might try to create reasonable doubt, casting uncertainty on his or her responsibility. Wrongful death attorneys can effectively gather and present strong evidence to ensure you receive the compensation you deserve.

Vying for a certain amount

The amount of money sought for compensation can also change the timeline, especially if the case involves dealing with an insurance company. At times, the insurer might dispute who is at fault, which can further prolong the process.

Criminal action

If the victim’s death resulted from a criminal act, this could complicate the timeline. Additionally, suppose there is evidence suggesting that the person who passed away was partially responsible for the accident that caused his or her injuries and death. Such factors can influence the length of time it takes to resolve a wrongful death claim.

Other Factors That Complicate a Wrongful Death Case

Wrongful death cases can be quite complex for several reasons. What factors can add to the challenges of these types of cases?

Family grief

Though the family members are already dealing with grief, some may be forced to buckle down and focus on legalities. This is truly an inconvenient time to learn complicated laws and procedures regarding their loved one’s passing.

Need for witnesses

Another reason for the complexity of a wrongful death lawsuit is that the evidence in these cases may not be straightforward. Sometimes, numerous witnesses are required to testify to support the plaintiffs’ claims. It takes time to track down eyewitnesses and secure the testimony of experts.

Victim’s share in the accident

If there is cause to believe that the victim may have had some involvement in his or her own demise, this can further complicate matters.

For example, it could be that the deceased passed away in a car accident where he or she was driving slightly over the speed limit, but the other driver was drunk.

In such a situation, it’s harder to determine who should be held accountable or how the liability should be portioned out. Thus, the wrongful death case may take some time.

Insurance companies

An insurance company may be involved in settling wrongful death claims. For example, when someone’s spouse passes away, the surviving husband or wife may need to deal with an insurance company. This often happens after an accident or personal injury is caused by a wrongful or intentional act.

The insurance company is responsible for assessing the situation and determining whether the surviving spouse can recover damages. Sometimes, insurance companies may not respond or cooperate, and that can make things difficult.

Estate process

After a person’s death, his or her belongings and property become part of the deceased person’s estate. Most wrongful death claims aim to financially compensate the family left behind. Typically, you do not need to pay taxes on the compensation received from wrongful death suits in New York, though this may differ in other states.

However, the exact rules can vary, so consult a legal expert to understand how taxes may or may not apply in your situation. This way, you can follow the legal process and receive the correct compensation without unnecessary tax burdens on the deceased’s estate.

How to Determine the Amount of Compensation to Seek

In a wrongful death claim, various types of damages can be sought to compensate for the losses caused by a wrongful act, such as medical malpractice or negligence in a car accident. Some of these damages aim to cover the expenses the person incurred before passing away, like medical bills.

Additionally, the family may seek to recover damages to help address the financial impact of funeral expenses and the mental suffering caused by the wrongful act. Most of the damages are awarded to the family members who are left behind.

These damages cover things like:

• Funeral expenses
• Burial expenses
• Money the person would have earned if he or she were still alive
• Support and services he or she provided to his or her family
• Loss of guidance, love, and companionship the deceased offered
• Mental suffering the family is experiencing

Awarding damages aims to help the family cope with the loss and hardships of a loved one’s death. Consulting a lawyer can help establish the value of your case.

How Solid Evidence Helps Your Case

In a wrongful death case where the defendant acted negligently, evidence must be gathered from the accident scene that shows how the personal injury resulted from the defendant’s negligence.

In personal injury cases, one key element is proving that the defendant breached the duty of care. A breach means he or she failed to fulfill a responsibility to keep others safe.

Evidence can take different forms, such as:

• Medical records
• Pictures
• Witness statements
• Death certificate

When negligence leads to death, the family may seek legal assistance from a law firm specializing in wrongful death cases. Your lawyer can help to gather essential evidence for your case.

Under New York law, evidence can be used to build a strong criminal case or a suit in a civil court. These cases aim to compensate the surviving family members for losses, including funeral and burial expenses and the emotional impact of losing a loved one.

The evidence gathered strengthens your case and helps figure out how much money should be recovered for:

• Medical bills
• Lost wages
• Income the person would have earned if he or she were still alive

What is the Time Limit to File Wrongful Death Lawsuits in New York?

Each state has a specific time limit for legal action in a wrongful death case. In New York, you generally have only a few years from the date of the loved one’s death to file a wrongful death lawsuit.

Consult an experienced wrongful death attorney in New York if you are unsure about your case or need more time. You may get a statute of limitations extension in certain situations.

If you only discovered the cause of your loved one’s death after his or her passing, the “discovery rule” can come into play. It must be proven that you did not know the cause of illness or injury before your loved one died. If the court agrees, the time limit to file a wrongful death lawsuit can be counted from the date when you find out the cause of death rather than the actual date of death.

Get Help With Your Wrongful Death Lawsuit

Untimely deaths are tragic. Sudden and avoidable deaths happen daily from many different causes. Across the US, it’s estimated that more than 250,000 people die each year from medical errors alone.

When someone you love dies because of someone else’s mistake, take immediate action. You need to find out what to do.

To help you with this, we offer free evaluations to help families understand their legal choices and gather information to make suitable decisions.

Contact the New York law office of Hill & Moin LLP to schedule a free consultation with us regarding your potential wrongful death lawsuit. Our team members can listen to and guide you without pressure or obligation. Many clients have said having our firm represent them feels like having “a lawyer in the family.”

Join the family. Complete the contact form or call us today at (212) 668-6000 to learn more about your Personal Injury Recovery SolutionsⓇ.

Don’t wonder about your rights!

Comments closed

A.Y. was on his daily commute to work and was heading to a bus stop. He slipped on icy snow that fell the previous day. As he was approaching the bus stop, he slipped and fell due to ice. This fall resulted in A.Y. suffering injuries to his left leg, requiring months of physical therapy.

A colleague recommended Hill & Moin LLP, a law firm with Russian speaking staff. He met with the attorneys who answered all of his questions about the legal process. They also addressed his many concerns. Upon being retained by A.Y., Hill & Moin immediately began working on his case. They litigated and negotiated with skill and diligence which resulted in a settlement of $175,000.

When A.Y. was informed of the settlement, he was delighted. He was impressed with all the hard work that Hill & Moin put into his case. A.Y. plans to use some of his settlement proceeds to purchase an apartment.

Comments closed

While working as an electrician, R.R was injured due to an unsteady ladder. After going to the hospital, the doctors determined that he had sustained a torn ACL. Following his traumatic injury on the job, R.R was determined to pursue legal representation. R.R performed a diligent online search and came across Hill & Moin. After meeting with the attorneys, R.R knew he would be well taken care of at Hill & Moin. He was very pleased when he heard that the attorneys had settled his case for $250,000 and is grateful for the hard work and successful negotiations. The lawyers and staff were terrific and made certain that he was informed of all relevant information as the case progressed. Great job, Hill & Moin!

Comments closed

D.G. was a child in a camp program. He had been attending this camp program for a few years. An incident had occurred in which a counselor grabbed D.G.’s finger. As a result, he suffered a fracture to his left index finger. His injury resulted in the need for surgery and physical therapy.

D.G.’s mother began her search for legal representation. A colleague recommended the law office of Hill & Moin. She called their office for legal consultation. Their office immediately scheduled an appointment and met with her. They explained the legal process to her and expressed confidence in their ability to attain a satisfactory outcome in her son’s case. After litigating, even in the midst of a pandemic, including months of negotiations, D.G.’s case was settled for $120,000, for the very happy teenager.

When D.G.’s mother was informed of the news, she was delighted. She described the law office as being extremely helpful throughout the case. She stated that she highly recommends Hill & Moin LLP for those in need of legal representation following a serious personal injury in New York.

Comments closed

L.S was on her way home and was exiting the subway when she was caused to fall by broken concrete on the platform. L.S fell, landing on her hand and fracturing her wrist. Seeing her limited ability to perform everyday activities, L.S decided to seek legal representation. She was highly recommended to Hill & Moin by another esteemed attorney who advised her that Hill & Moin were highly skilled litigation and trial attorneys. L.S could no longer properly care for her sick husband during her period of incapacity and rarely left her home. The attorneys fought tirelessly for her settlement, and she was delighted when she heard her case was settled for $275,000 against the Transit Authority in less than two years. L.S could not have been more pleased with the attorneys and staff at Hill & Moin and now will be able to pay off the bills that accumulated during her recovery.

Comments closed

A.K was attempting to fix some of the unsafe conditions at his workplace on a defective unstable ladder, which slid out from beneath him. This fall caused him to suffer shoulder, back, knee, and foot injuries. A.K was referred by a respected attorney to Hill & Moin. After seeing Hill & Moin’s willingness to assist their clients, A.K knew he had the right team. Due to his injuries, A.K was unable to return to work for an extended period of time. The firm aggressively litigated the matter during the pandemic years and were able to settle the case for $710,000, to A.K’s amazement. A.K plans to save his money now that his case has settled.

Comments closed

Nobody files a car accident lawsuit planning to lose. Unfortunately, you may think the evidence clearly shows you are not at fault for what happened, but the judge or jury may see it differently. The final ruling may not be in your favor.

Knowing what happens if you lose a car accident lawsuit can help you prepare and respond accordingly. This article will discuss some reasons why a car accident case may be unsuccessful and what to expect if you lose.

When you have trusted car accident attorneys on your side, your chance of losing decreases. Our law firm, for one, has over 40 years of experience in handling car accident cases. We know what it takes to win.

When you choose Hill & Moin LLP to represent your case, it’s like having “a lawyer in the family.” Call us today at (212) 668-6000 to learn more in a free case evaluation.

Do Car Accident Cases Always Go to Court?

Car accident claims are a type of personal injury case. The majority of car accident cases do not go to trial. In fact, the most recent available statistics show that up to 95 percent of all personal injury cases may be settled out of court.

Most car accident cases are settled through negotiations with the insurance company. It often costs insurance companies more money to prepare for trial and go to civil court than to reach an agreement during negotiations. Also, if you win the case, the insurer will be forced to pay you the settlement amount you requested.

Typically, car accident lawyers are skilled negotiators. We know what is needed to get maximum compensation for our clients without having to go through the time and expense of a trial.

Why Do Car Accident Cases Go to Trial?

While most motor vehicle accident cases are settled out of court, there are some situations in which your personal injury lawyer may advise you to file a lawsuit.

Typically, a car accident case may go to trial for one of these reasons:

• You and the other party cannot come to an agreement as to who is at fault
• You and the other party cannot agree on fair compensation

Even after a car accident lawsuit is filed, a settlement can still be agreed on before the case is presented to a judge. Being willing to go to court and prepare a claim for trial may be enough to pressure the insurance company into making a more serious offer.

The Stages of a Car Accident Lawsuit

If you are unable to come to a fair settlement agreement by means of out-of-court negotiations, your lawyer may suggest that you file a lawsuit. If you have never been to court or involved in a personal injury lawsuit before, you may be nervous and unsure of what to expect.

The following is a brief summary of the legal proceedings of a personal injury case, such as a car accident:

• Discovery: During this stage, your legal representative will collect evidence and interview eyewitnesses. He or she will research statutes and laws that apply to your claim and work to build a strong case. 

• Negotiations: While preparing your case, your lawyer will continue to negotiate with the defendant and the insurance company to reach an out-of-court settlement.

• Trial: This stage is where your attorney will present your argument in court and provide evidence supporting your claim.

• Verdict: The last part of the lawsuit process is when a verdict is announced and you learn whether or not you have won your case.

Reasons for Losing a Car Accident Lawsuit

Each case is unique, and there are various reasons why a person may not win a car accident case. The following are some reasons a person may lose a car accident lawsuit.

Not hiring a personal injury lawyer

When accident victims try to represent themselves in the legal world, they may come to realize how difficult it is to handle a personal injury case on their own. There are documents that must be completed in a specific manner. Both plaintiffs and defendants need to meet tight deadlines.

Time and hard work are required to compile evidence to prove or defend your case and then present it in a convincing manner in court. What’s more, knowing when to accept a settlement agreement is an important part of any car accident case. It requires legal knowledge, experience, and skill to successfully negotiate a fair claim.

Presented evidence

As the victim, the plaintiff presenting the case, compelling evidence must support your claim for compensation. Insufficient evidence could lead to the court ruling in favor of the defendant.

The following are examples of evidence often used in car accident cases:

• Police reports
• Medical records
• Video surveillance or dashcam footage
• Testimony from accident reconstructionists, medical professionals, engineers, or other experts

If you are the defendant, the burden of proof is not on you. It will be up to the plaintiff to prove you were the at-fault driver. If he or she presents compelling evidence and the court rules in the plaintiff’s favor, you will be on the hook for damages.

Honesty and credibility

It is vital to be open and honest with your lawyer about the circumstances of the accident. Don’t hide information about past accidents, injuries, or anything else that could catch your attorney by surprise in court.

The judge and jury are more likely to rule in your favor if you appear credible in court.

Some ways to bolster your credibility are:

• Being polite and respectful in court
• Dressing in a dignified manner
• Cooperating with the investigation
• Answering all questions honestly

Contributory negligence

You can be the victim of a collision while also having contributed to the accident to a certain extent. The legal term for this is “contributory negligence.” This means that it is possible for multiple parties to share some degree of fault for any accident.

When you are partially to blame for the motor vehicle accident, you may recover less than the full amount of damages or be denied any compensation whatsoever.

If the other party accuses you of contributory negligence, your lawyer can work to fight back and present your side of the case so you do not lose out on your chance at compensation.

Social media

Car accident victims may be tempted to vent their frustrations on social media. However, if you are involved in a lawsuit, what you post on social media could be devastating to your case.

Social media platforms are public forums, and anything posted on them is admissible in court. For example, a post that shows you engaging in an activity that contradicts your injury claim could cause you to lose your case.

It’s also possible to unintentionally post something that gives away your attorney’s legal strategy or complicates your case.

The Consequences of Losing a Car Accident Lawsuit

What happens after you lose a car accident case depends on whether you are the plaintiff or the defendant.

As the plaintiff

The plaintiff in a car accident case is the party filing a lawsuit against the defendant in seeking damages. A plaintiff may lose his case if he played a role in the accident or was unable to provide sufficient evidence proving the defendant was at fault.

If you suffered injuries in a car accident and lost your lawsuit, you will probably not receive financial compensation to cover your medical bills, lost income, pain and suffering, and other damages. You may be left to cover these expenses out-of-pocket.

Most car accident attorneys work on a contingency fee basis, which means that they do not receive payment unless they obtain a settlement for their clients. If you do receive a settlement, your lawyer takes a percentage of the amount you were awarded. This means that, if you are not awarded any money or only receive partial compensation, you will not pay outrageous legal fees.

As the defendant

The defendant in a car accident case is the party being accused of recklessness or negligence. When a defendant loses a lawsuit, that party is liable to pay the injured person money for damages. If the defendant loses, it is the insurance company that must cover the plaintiff’s medical expenses, lost wages, and so on.

What happens if the defendant is uninsured or the insurance company legally rejects paying compensation? The financial burden of payment will fall solely on the defendant.

What if the defendant does not have the cash or assets to cover the costs of damages? Both parties may agree to a payment installment plan. When an agreement cannot be reached, a person or company may have property seized by law enforcement and auctioned off. Those who do not have valuable property could have a portion of their wages garnished until the debt is paid.

Losing a Car Accident Lawsuit Can Cause Financial Challenges

Regardless of which side you are on, losing a personal injury lawsuit after a car accident can cause financial hardship. It may become challenging to cover the costs of rent, food, and other basic necessities.

Those who have lost a car accident case may need to:

• Apply for a loan: After losing a car accident case, you may need to take out loans to pay off your debts. Losing a lawsuit is on public record and may make it difficult to get a loan or cause creditors to charge you high-interest rates if you are approved. 

• Get a second job: Even if you already work full-time, you may need to take on a second job to cover medical expenses, pay case costs, or take care of other bills.

• Make financial sacrifices: The financial toll of losing a lawsuit may force you to downsize your home, sell your vehicle, give up expensive hobbies, or make changes to your lifestyle and the way you spend your money.

• File for bankruptcy: Losing a lawsuit may cause such a financial strain that a person may be forced to file for bankruptcy. While this option does give you a chance to wipe your debts and start over financially, it could also force you to liquidate your assets and make you ineligible for future loans.

Hiring a Car Accident Lawyer Could Help You Win Your Case

After being involved in a motor vehicle accident, you do not want to risk having to pay expenses out of pocket and being left in a difficult financial situation. Your attorney will work hard to ensure your rights are protected throughout the entire legal process.

Your car accident lawyer will take the following steps to help ensure you win your case:

• Calculate damages: An experienced personal injury attorney will be able to accurately determine the value of your car accident claim. If your damages are not properly calculated, you could end up paying for expenses out of pocket even if you win your case. 

• Prove liability: The success of your lawsuit will depend on whether you can prove liability in court. Experienced personal injury lawyers know what is needed to prove their client was the victim of negligence.

• Support the case with evidence: Car accident lawsuits are only as strong as the evidence provided. Your lawyer can conduct a thorough investigation of your case and gather sufficient evidence that connects your injuries to the auto accident.

• Meet important deadlines: A lawyer’s knowledge of legal deadlines is another important reason to have a legal representative on your side. Car accident lawsuits have a statute of limitations, and an attorney can make sure everything is submitted on time.

• Litigate your case: A car accident lawyer will skillfully litigate your case in court, presenting all available evidence in a strategic and convincing manner. He or she will answer any questions you have and keep you updated on the court’s proceedings.

Let Us Help You Help With Your Car Accident Case

At Hill & Moin LLP, we do not want you to go through the stress of what happens if you lose a car accident lawsuit. When we take on a car accident case, it is because we are confident that we can win. So when you work with us, you can have peace of mind from knowing that your lawsuit is in good hands.

Our law firm has been representing accident victims for over 40 years. We have litigated and won many car accident cases for clients over the years.

Our personal injury lawyers care about the people we help. In fact, many of our clients have said that when you choose Hill & Moin LLP to represent you, it’s like having “a lawyer in the family.”

Join the family. We offer all potential clients a free consultation. Complete the contact form or call us today at (212) 668-6000 to learn more about your Personal Injury Recovery SolutionsⓇ.

Don’t wonder about your rights!

Comments closed

H.K was preparing for a busy week as a cook in a local daycare when she fell on an uneven sidewalk. She landed onto her hand and wrist, furthering a previous injury. Amidst her recovery, H.K was determined to seek legal representation. The plaintiff was highly recommended to Hill & Moin by another attorney. Although she did speak with other firms, H.K knew after meeting with the attorneys that she would be well taken care of at Hill & Moin. Consequentially, the attorneys at Hill & Moin began the process of litigation for the plaintiff’s case. H.K was truly suffering with her injury, as her husband was unable to effectively help her at home. However, H.K had no choice but to return to work. The plaintiff expressed that despite having additional help at work, she still struggled to cook with her injury. The attorneys succeeded in settling H.K’s case for $250,000. The plaintiff has expressed that she was very happy with her experience at Hill & Moin and plans to use her settlement to put a payment down on a new apartment.

Comments closed