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Depending on the severity of your fall, you might be finding it difficult to think clearly. Regardless of whether or not you hit your head or sustained severe injury in some other way, slip-and-falls call for prompt action on the part of the victim – perhaps especially in the case of falls on government property.

It may seem unfair to be so pressed for time when you have been hurt on someone else’s property, but that’s the law. Specific procedures and limitations govern all personal injury claims and lawsuits in the State of New York, but additional steps and strict timelines apply to harm sustained on government property.

If your injury was foreseeable according to state law, then you can file a notice of claim within a certain number of days from the date of the incident. From there, this notice must be submitted to the appropriate state government agency or municipality.

When your claim is denied or otherwise remains unresolved, you can then file a lawsuit to continue pursuing compensation, but you will not have forever to do this. To make sure you skip zero steps and waste little time, contact us for a free consultation. The personal injury attorneys of Hill & Moin can help you navigate this maze of a process effectively.

Is the Government Liable?

First off, where did you fall? Who is the property owner? Were you hurt on state or federal property or is the place where you fell under private jurisdiction?

If your injury occurred in one of the following locations, then you may have a personal injury case against a state or federal government entity on your hands:

• Public parks, sports fields, and playgrounds
• Libraries
• State or federal government buildings
• Public schools and universities
• Public roads
• Community centers
• Police stations
• Fire stations
• Post office property
• Courthouses
• Public beaches
• Airports
• Staten Island Ferry or terminals

That’s correct – the Staten Island Ferry is operated by the NYC DOT. By contrast, the subway and public bus system is governed by the Metropolitan Transit Authority (MTA) which is operated by a private party.

Sidewalks are another tricky accident scene. If you fell on a sidewalk, your legal case must be filed against the property owner of whatever establishment the sidewalk was “abutting,” or connected to, as set out by New York’s sidewalk law. It could be that you fell on private property.

If you were indeed hurt on government property, then you may have a valid claim against the agency responsible. However, before you can file, one more determination must be made regarding New York slip and fall cases: the foreseeability of your injury.

Was Your Government Property Injury Foreseeable?

Unfortunately, one make-or-break factor under New York state law can determine whether or not you may file a legal claim regarding your slip-and-fall on city or state property.

Public property should be well maintained by the government, just as any private property should. The government is held to the same rules as other property owners: to keep the property safe and clear of dangerous conditions on behalf of visitors.

However, according to state law, the local government agency in question must have received written notice of the hazard that caused your accident within a specified number of days before your injury occurred. In other words, the agency had already been warned that the dangerous condition existed on their property and had enough time to address the issue – but failed to do so before you got injured.

You can file a legal claim against that liable entity as long as your case meets the above conditions. On the other hand, you cannot file if the hazard was previously unreported or if not enough days passed since the initial report was filed.

If you were hurt on local government property despite the foreseeability of your personal injury, then hop to it. You may have only days left to file your notice of claim, but a lawyer can help you make your deadline – not to mention take a load of stress off your shoulders during this time.

After a slip-and-fall, you need to be focusing on yourself, your well-being, and your family. Unless you know first-hand how to navigate the complicated claims process before it’s too late, then it is better to leave your case to be handled by a personal injury attorney who will prioritize your interests.

Meeting the Deadlines for Slip and Fall Cases

Let’s suppose, for a moment, that your slip and fall case does qualify to be filed against a government entity in New York. Once a knowledgeable attorney has confirmed this for you, then you can move forward with your slip and fall claim.

Although you are allowed to do so by law, our experienced law firm does not recommend filing a personal injury claim on your own without the assistance of a qualified lawyer.

You could unfortunately find yourself without much time left to take even your first step. According to the Comptroller’s Office, the strict requirements and procedures described below must be followed.

Steps to take

Filing a claim with the Comptroller’s Office can present challenges to someone who lacks knowledge and experience. Following each and every mandatory procedure to the letter is crucial in protecting your rights and maximizing your chances of a successful claim or lawsuit.

Within a limited period of time, you must accomplish the steps listed below:

1. Gather evidence: Collect all relevant evidence, including photographs of where you fell, corresponding medical records, eyewitness statements, and any incident reports that have been filed
2. Complete the notice of claim: Fill out the notice of claim form, which should include:
   • Your personal information
   • Details of the incident (date, time, location)
   • Description of injuries
   • A statement of the damages being claimed
3. File the notice of claim: Submit the completed notice of claim to the appropriate Comptroller’s Office
4. Await acknowledgment: After filing, the agency typically acknowledges receipt of the claim within a number of days; they may investigate the claim, which could involve interviews or site visits
5. Response from the agency: The agency can either settle the claim, deny it, or take no action
6. Settle the claim: This must be done within a period of time as specified by state law; if a fair settlement cannot be reached by a certain date, then it may become necessary to take the next step listed here
7. File a slip-and-fall lawsuit (if necessary): If your claim has been denied, you have limited time from the date of the slip-and-fall accident to file a lawsuit in court

Please be aware that lawsuits are expensive and challenging. Your trusted lawyer should be the one to advise you when and if to take that next step.

Challenges to meet

Keep in mind that, on paper, legal paperwork and procedures may sound easier than they could turn out to be in reality. Consider the following challenges common among government premises liability claims, for instance.

Your personal injury claim, when filed against a government entity, is likely to encounter complications involving:

• Jurisdiction: Lawsuits, including slip and fall cases, against the state or local government must be filed in specific courts, such as the New York State Court of Claims or the appropriate Supreme Court
• Sovereign immunity: Though the Federal Tort Claims Act allows you to sue the federal government, your legal rights under this statute are limited, restricting you to cases involving federal employees acting within the scope of their employment at the time of the incident where you were injured
• Comparative negligence: New York follows a rule of pure comparative negligence, meaning your compensation may be reduced based on your percentage of fault in the incident; thus, the other party will try to pin some of the blame on you, in all likelihood
• Documentation: You must keep thorough records of the incident, medical treatment, and any communication with government agencies
• Complex procedures: The process can be complicated, requiring strict adherence to timelines and legal requirements
• The burden of proof: You must demonstrate that the liable government entity was negligent in maintaining the property and that this negligence resulted in your injury; this will require substantial evidence
• Potential delays: Government investigations can take time, which may prolong your slip and fall claim

Understanding these steps and challenges can prepare you for the process of filing a claim with the Comptroller’s Office regarding a slip-and-fall incident that took place on government property. However, we at Hill & Moin LLP feel strongly, based on our experience, that you would benefit from a lawyer’s assistance.

That’s why our law firm warmly invites you to come speak to us before deciding how to proceed with your personal injury case. When you do have a valid claim, we may or may not take it on.

If there is another law firm we are connected with that would be better suited to handle your claim, then we will direct you to that firm. Because we want to see you succeed and come away with maximum compensation for your trouble.

Get Assistance to Maximize Your Compensation and Save Time

Not only will it take an experienced slip-and-fall attorney less time to put together a strong case for you, but handing over your legal case to a law firm you trust is well worth it. Statistics show that claimants who work with – or even get advice from – attorneys have a higher success rate than those who go without in small claims court; no case is too insignificant for a lawyer to get involved in.

Beyond that, the lawyers of Hill & Moin LLP have been lauded as the “lawyers in the family” by past clients, showing that you can feel sure we have your best interests at heart. We want to see you get as much money as you get.

With our contingency fee policy and free consultation offer, what do you have to lose from getting in touch with us? Call us at (212) 668-6000 or fill out the contact form here on our website to learn your Personal Injury Recovery SolutionsⓇ. Our representatives are standing by 24/7 to speak with you about your slip-and-fall on government property or any other personal injury cases of concern to you and your family.

Don’t wonder about your rights!

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Ivan was working at a construction site. He was on a ladder removing a nail from the ceiling when the ladder began to shake due to hazardous flooring. As a result, the ladder collapsed and he fell off. Ivan injured his left shoulder, left knee, neck, and back. He underwent surgeries to his left shoulder and left knee.

A colleague suggested that Ivan contact Hill & Moin. He called them and they immediately began working on his case. They conducted an investigation of the construction site and searched for work permits. They skillfully litigated his case and obtained an amazing settlement for Ivan in the amount of $950,000!

When Ivan was informed of the news, he knew that his life had changed for the better. He can now pay off his debts and purchase an apartment. He is thankful for the lawyers and staff at Hill & Moin LLP.

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After a long day of work caring for patients as a home health aide, the only thing Alina Ordonez had on her mind was relaxation. Unfortunately for her on one ill-fated evening, the very opposite occurred. Heading out into the early evening after finishing caring for a patient, Alina made her way out of the doorway and across the dark, unlit pathway. Before she knew it, she tripped and fell on the hazardous premises head-first into the nearby gate.

As she found herself on the ground and in pain, she knew she needed immediate assistance. Her first call was to her son who called an ambulance, and she was rushed to the nearest hospital to treat her multiple soft tissue injuries. Knowing that her fight was just beginning, Ms. Ordonez consulted with the attorneys at Hill & Moin, LLP and she was pleased that she did.

Describing Attorney David Zwerin as “courteous and hard-working”, she always felt taken care of by the communicative and responsive staff at Hill & Moin. Alina was smart to place her trust in their expertise as the attorneys successfully negotiated an impressive $700,000 settlement on her case. Family being her priority, Alina Ordonez now looks forward to investing her funds in projects that will grow and continue to provide for her and her loved ones for years to come.

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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.

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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.

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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! 

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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!

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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.

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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.

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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.

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