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The very idea of being involved in a serious car collision can cause anxiety. If you or a loved one has been injured in a wreck or is dealing with significant property damage, you may be feeling stressed and overwhelmed. Further, you may be unsure how New York car accident laws may affect your legal right to recover damages for your losses.

Even a seemingly minor collision can be unnerving and expensive. Understanding New York car accident laws will help you to better navigate the insurance claim system in order to reach maximum compensation following an incident.

At the New York law firm of Hill & Moin LLP, our attorneys have more than 60 years of combined experience fighting on behalf of New York accident and injury victims. Our legal team is dedicated to reaching the best possible outcome in every case we take, helping each of our clients make their lives whole again. Learn what our experienced attorneys can do for you by calling (212) 668-6000 to schedule a free case evaluation. 

Common Types of Car Accidents in New York State

According to the New York Department of Health, motor vehicle traffic injuries are the leading cause of injury-related death, the second-leading cause of injury-related hospitalizations, and the third-leading cause of injury-related emergency department visits in New York State.

Different types of accidents repeatedly come up when discussing New York car accident laws. The following types of motor vehicle accidents are commonly reported in New York.

Rear-end Collisions

Rear-end car accidents are one of the most common types of accidents. A rear-end collision occurs when a driver hits a vehicle from behind.

These accidents are often the result of the rear driver’s inattention. Although there may be extenuating circumstances, a driver is, in general, expected to leave enough room between his or her vehicle and the one in front to be able to stop safely and quickly.

Head-on Collisions

A head-on collision occurs when two vehicles driving in opposite directions crash into one another. Such accidents are extremely dangerous, often resulting in debilitating injuries or death. The majority of head-on collisions are the result of negligence on the part of one or more drivers.

Head-on collisions are usually caused by a driver going the wrong way on the road or crossing a double yellow line into oncoming traffic. This may happen for many reasons, including driver confusion, fatigue, intoxication, distracted driving, or vehicle defects.

Side-swiping Accidents

Sideswipe accidents occur when the side of one vehicle hits or scrapes the side of another vehicle. The cars may be traveling in the same direction or opposite directions.

This type of accident most commonly happens when a driver drifts into the next lane or mistakingly changes lanes without first checking to make sure there is no other vehicle in his or her path. It is not uncommon for a driver to sideswipe a parked vehicle, especially in narrow roadways or tight parking areas.

Side-impact Accidents

Often referred to as T-bone or broadside accident, a side-impact accident occurs when the front of one vehicle hits the side of another. Such accidents often happen in intersections or parking lots but can also occur on a highway when a driver loses control of his or her vehicle and skids sideways.

Side-impact accidents can result in serious injury and damage because the side of a vehicle is simply unable to absorb such a significant hit.

Rollover Accidents

A rollover accident happens when a vehicle loses control and tips or flips over onto its side or roof. Poor weather conditions, road obstacles, or reckless driving are usually contributing factors in rollover accidents.

Single-car Accidents

A single-car accident refers to an accident involving just one vehicle. In most cases, the driver ran off the road or hit debris. Difficult weather conditions, unexpected animal crossings, or distracted driving may lead to a single-car crash.

Reckless Driving Accidents

When a person drives recklessly, the risk of crashing increases significantly. In most cases, reckless driving accidents are the direct result of a driver violating the law.

Examples of reckless driving behavior are:

• Speeding
• Failure to yield the right-of-way
• Running stoplights
• Tailgating
• Racing
• Erratic driving

Driving without a seatbelt on can also be considered reckless driving. Moreover, in accordance with New York State regulations, it is mandatory for all children to be securely restrained using an appropriate child restraint system when they are passengers in a motor vehicle. Furthermore, the law stipulates that all occupants of motor vehicles, regardless of age, must be restrained by a seat belt. Nevertheless, because of their smaller size and delicate physical constitution, children must utilize specialized child restraints to ensure their safety when traveling in a vehicle.

Legal Obligations After a Car Accident in New York State

New York traffic laws include specific legal obligations for drivers involved in car accidents. Since failing to comply with these duties can result in serious consequences, all drivers need to know what to do after a motor vehicle accident.

Some New York laws that detail your legal duties after a car accident include the following.

New York Driver Exchange of Information Law

Under New York law, if you are involved in an accident where someone is injured, you are required to stop at the scene of the crash. You must give your name, address, driver’s license number, and insurance information to the injured person.

You must also give your personal contact information and insurance details to the responding police officer investigating the accident. In the event that no officers come to the scene of the accident, it is your legal responsibility to report the accident to the nearest police station.

New York Law Requires That an Accident be Reported to the Police

In New York, you have a limited number of days to report a car accident in which a person was injured or killed. You must report the collision to the Department of Motor Vehicles. You must also report accidents that cause more than a certain amount of damage to a single person’s property.

Failing to report an accident which you are legally obligated to report to the DMV is a misdemeanor offense in New York. The DMV has the right to suspend or revoke your license and registration if you fail to submit the accident report on time.

Your Legal Duty in a New York Car Accident With no Injuries

New York state law requires that you stop at the scene of an accident that causes damage to someone else’s property, even if no one was injured in the collision. You must then exchange information with the other driver and any others who may have suffered property damage as a result of the collision.

You are required to share your personal contact information, as well as your insurance identification card and driver’s license. If the property owner is not present at the time of the accident, this information must be reported to the nearest police station.

Your Legal Obligation if You Hit a Parked Car in New York

Unfortunately, this is how most hit-and-run accidents take place: someone hits a car in a parking lot, and bails. If you hit and damage a parked car, New York law requires that you stop and exchange information with the owner of the parked vehicle. If he or she is not present, you must report the accident along with your personal details to the nearest police station. Learn more about your options as a victim of a hit-and-run accident, here.

New York Speed Limit Laws

Unfortunately, speeding is a contributing factor in many serious car crashes. New York State law requires that you always drive safely, at or below the speed limit. The posted speed limit is the maximum speed at which a driver can legally operate his or her vehicle. The law does not make exceptions when everyone else is speeding around you.

At times, due to weather or road conditions, it is safest to drive under the speed limit in order to avoid an accident. The penalties for speeding can be significant. Depending on how fast you were going, you could face a hefty fine or even prison time. The DMV will revoke your license if you are convicted of multiple speeding violations within a certain period of time.

New York Comparative Negligence Law

New York follows a pure comparative negligence rule. This law allows you to recover compensation for your injuries, even if you bear partial responsibility for the accident.

At times, liability in a traffic crash is clear; however, it is not unusual for multiple drivers to share some degree of fault for the collision.

In a car accident case, the insurance adjuster or court will work to calculate both the damages and the percentage of fault belonging to each party. The damages are then adjusted based on the share of fault.

The pure comparative negligence law applies even if you are primarily at fault for the car accident. Under this New York law, even if you are found to be more than 50-percent responsible for the car crash, you are entitled to your percentage of the damages. However, in turn, you are responsible for providing compensation for the other driver’s losses.

New York No-fault Car Insurance Rules

New York is a no-fault state when it comes to car accidents. The no-fault system does not make everyone automatically free of responsibility for a collision. What it does mean is that, after an accident, you need to file a claim under your own personal injury protection insurance for compensation for your injuries, regardless of who was at fault.

Your personal injury protection insurance is designed to cover accident-related expenses such as:

• Medical bills
• Household and transportation expenses
• A percentage of lost wages
• Death benefits

Depending on the severity of the car accident and the injuries sustained, you may not be limited to filing a claim under your own insurance policy. You may be able to pursue a third-party insurance claim or a personal injury lawsuit.

Recovering Damages After a New York Car Accident

In some car accident cases, the victim sustains a serious bodily injury and needs extensive medical treatment. In such situations, it is possible that your own insurance carrier will not cover the full extent of your claim. If your injuries meet certain requirements, you may be able to file a claim against the at-fault driver’s insurance or pursue a personal injury lawsuit.

The following serious injuries may allow for a third-party insurance claim or lawsuit:

• Significant disfigurement
• Bone fracture
• Dismemberment
• Loss of a fetus
• Traumatic brain injury
• Significant limitation or loss of use of a body system or function
• Non-permanent injuries that prevent usual activity for an extended period of time
• Death

After a New York car accident, injured parties are likely entitled to compensation for what they have gone through. The law is designed to protect injury victims and help them to regain their financial standing and quality of life. Depending on the circumstances of your accident, you could potentially be awarded both economic and non-economic damages in a car accident case.

Economic Damages in a New York Car Accident Case

Economic damages have a specific monetary value and may include these costs:

• Current and future medical bills
• Past, present, and future lost wages
• Reduced earning capacity
• Expenses of in-home care
• Out-of-pocket expenses related to or as a result of the accident
• Cost to repair or replace property

Non-Economic Damages in a New York Car Accident Case

Non-economic damages are designed to compensate an injured person for his or her pain and suffering and other personal losses as a direct result of the accident.

The following are examples of non-economic damages:

• Psychological injuries
• Inconvenience
• Reduced quality of life
• Loss of consortium, if a person’s injuries negatively impact his or her relationship with others

Although it can be difficult to properly calculate compensation for non-economic damages, both your insurance agents and auto accident attorneys can help you determine a fair settlement amount.

New York State Auto Insurance Requirements

In order to register a motor vehicle in New York, you must have New York State-issued automobile liability insurance coverage. A minimum amount of liability insurance coverage is required to cover various types of damages. Every New York driver must carry liability insurance for property damage, bodily injury, and death.

Additionally, your liability insurance coverage must meet these further requirements:

• Insurance coverage must remain active as long as the vehicle registration is valid, even if you are not using the vehicle, with limited exceptions for motorcycles

• You must carry New York State insurance coverage, issued by a company licensed by The New York State Department of Financial Services and certified by the Department of Motor Vehicles

• Liability insurance must be issued in the name of the person on the vehicle registration

If you fail to maintain your liability insurance coverage, the DMV can suspend your vehicle registration and driver’s license.

New York Car Accident Statute of Limitations

A statute of limitations is a law that sets a time limit on your legal right to file a car accident lawsuit and differs depending on the type of incident. For instance, personal injury claims, wrongful death suits, accidents involving municipal vehicles, and accidents involving minors have varying time limits under which you can bring a lawsuit in the New York court system.

The statute of limitations determines the amount of time you have to bring a lawsuit. Remember, under New York State law, you must file an insurance claim and report the accident to the DMV in most cases, regardless of whether you choose to pursue a lawsuit or not.

Statutes of limitations can be complicated. At times, two or more statutes of limitations could potentially apply to the same case. To avoid confusion, it is advantageous to consult a qualified New York car accident attorney as soon as possible after an accident. He or she will be able to help you navigate the legal system and ensure that you do not miss any important deadlines in your efforts to resolve your claim.

Contact a New York Car Accident Lawyer for Peace of Mind

A serious car accident can lead to untold pain and suffering, both physically and emotionally. Trying to steer yourself through the insurance and legal system can be exasperating and exhausting. Insurance adjusters are notoriously difficult to work with and rarely have your best interests in mind, but an attorney can negotiate with the insurance company on your behalf so that you can relax and focus on your recovery.

New York State accident laws and insurance rules can be complex. It can be difficult to understand what kind of compensation you are truly entitled to after an accident. While this may be true for you, a dedicated car accident attorney can clarify the rights you have! He or she will know what types of damages you may be awarded and how to best argue the case in your favor.

Even regarding a relatively minor accident, there are benefits to consulting a knowledgeable car accident lawyer. You can thus gain peace of mind by making sure you understand your legal rights and options in pursuing your claim.

The professional and compassionate personal injury lawyers at Hill & Moin LLC are the advocates you need after suffering the stress and trauma of a car accident. In practice since 1980, our attorneys have obtained over $200 million in awards and settlements for our clients over the years.

At Hill & Moin LLP, we offer our clients Personal Injury Recovery Solutions® that work. Our legal team has a proven track record of successfully defending and litigating for New York injury and accident victims. Learn what our dedicated and results-oriented lawyers can do for you by calling (212) 668-6000 to schedule a free consultation today. 

Don’t wonder about your rights!

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C. Johnson was driving home after a long day at work. She was approaching an intersection when another vehicle attempted to make a left turn. This accident resulted in C. Johnson suffering an injury to her right shoulder.

C. Johnson decided to search for legal representation. A colleague recommended the law office of Hill & Moin. She called them and conducted an intake. An appointment was set up for C. Johnson to come to the office to meet with one of the partners. The attorney explained the legal process and the steps that their office would take to ensure that her case was resolved with a satisfying outcome.

After a few years of litigation, most of which took place during the pandemic, and months of negotiations with the insurance company, Hill & Moin settled her case for $172,000. The attorneys fought for every last penny for their injured client. When C. Johnson was notified of the outcome, she was very satisfied. She described her experience working with Hill & Moin as pleasant and easy. C. Johnson would recommend Hill & Moin to anyone who is searching for legal representation for personal injury from one of the best law firms in New York.

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The unexpected death of a loved one can cause a great deal of mental anguish. In addition, the family is left with the burden of having to cover medical and funeral expenses. Understandably, it is often difficult for outsiders to truly comprehend all that immediate family members may be dealing with after losing a loved one unexpectedly.

If you and your family are dealing with the unexpected loss of a loved one due to someone else’s negligence, our attorneys can review your New York wrongful death case carefully and provide options for pursuing compensation.

Please contact Hill & Moin today at (212) 668-6000. We will be able to tell you how the New York wrongful death statute may apply to your case. And when you work with us, it’s like having a lawyer in the family.

What Does the Term “Wrongful Death” Mean in New York?

New York law states that wrongful death occurs when there has been “a wrongful act, neglect or default which caused the decedent’s death” performed by a party “who would have been liable to the decedent by reason of such wrongful conduct if death had not ensued.”

Put simply, when the actions or negligence of someone causes a person’s death, and compensation for damages could have been pursued if he or she survived, the case is considered to be one of wrongful death.

The liable party could be an individual or entity such as a company, county, or municipality. A New York wrongful death can result from a car accident, a work-related injury, faulty products, medical malpractice, or acts of violence.

How the Statute of Limitations May Affect Your Case

The time period during which the law allows victims to file a lawsuit or claim is known as the statute of limitations. Each state has its own for wrongful death claims. The time allotted for filing a wrongful death claim might be different from the time allowed for other local personal injury cases in general.

Additionally, in many personal injury cases in New York, the injured person is the one who initiates a claim against the responsible party. However, in a case of a wrongful death, the injured person has died. So who would be responsible for initiating a wrongful death claim to get compensation? In New York, only the personal representative of the decedent’s estate can file a wrongful death claim.

In New York, there are several factors that could affect the statute of limitations for a wrongful death case. Some of these include the following situations:

• When there is a criminal case pending against the responsible party
• When medical malpractice caused the wrongful death
• When the negligence of a municipality resulted in the wrongful death

Of course, there are many additional factors that affect the statute of limitations for a wrongful death claim in New York. This is why it is vital to speak with a lawyer who is familiar with New York wrongful death cases before doing anything yourself. The attorney can look at the facts of your case and provide options for you to pursue compensation.

How Our New York Wrongful Death Attorneys Can Help With Your Case

Losing a loved one unexpectedly due to the actions of another party can cause close family members to feel cheated. Although there is no way to truly compensate for the loss, a New York wrongful death lawsuit can help grieving families achieve a measure of justice, recover emotional damages, and receive financial support.

However, the process of pursuing a New York wrongful death lawsuit can be confusing. In addition to the statute of limitations imposed, there may be limited time for other essential phases of the legal process, such as when the death occurred due to a car accident or while the victim was on the job. If the insurance or work comp deadlines are not met, there is a risk of losing your case.

A highly experienced law firm such as Hill & Moin will know how to proceed with your claim. Learn what our wrongful death attorneys can do for you. Contact us today at (212) 668-6000 for a free consultation with an attorney to learn about your Personal Injury Recovery SolutionsⓇ. 

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Slip-and-fall accidents can happen to anyone, anywhere – on a wet floor at the grocery store or an icy sidewalk outside your office. After experiencing a slip-and-fall incident, it’s important to seek medical help as soon as possible.

However, you may wonder, is it really necessary to seek medical attention immediately? How long do you have to go to the doctor after a slip-and-fall?

In this article, we will learn:

• When you should go to the doctor after a slip-and-fall
• The legal requirements for seeking medical care
• How delaying medical treatment can significantly impact your personal injury claim

If you or someone you know has been injured in a slip-and-fall accident caused by someone else’s negligence, get in touch with the personal injury lawyers of Hill & Moin LLP today for a free case review without any obligation or risk. Call us at (212) 668-6000 or complete our online contact form.

When Should You See a Doctor After a Slip-and-Fall Accident?

In New York, there is no legal requirement to seek medical treatment after a slip-and-fall accident. Nonetheless, it is important to seek medical attention as soon as you can, both for your health and for the potential legal case you may have. Why? Consider the following reasons.

There Are Time Limits for Filing a Claim

After experiencing a slip-and-fall accident, you may wonder whether you are legally required to seek medical attention. After all, the statute of limitations is the time limit within which you must file a claim.

In New York State, the statute of limitations for most personal injury claims is within a few years from the incident date. In some cases, such as those involving government agencies or municipalities, there may be shorter time frames for filing a claim.

This means that time is limited if you want to pursue legal action. Waiting too long could mean forfeiting any chance at financial compensation.

So, while no law requires immediate medical attention after a slip-and-fall accident, doing so can protect both your physical health and legal rights moving forward.

Delaying Medical Treatment Care Can Hurt Your Personal Injury Claim

Delaying medical treatment after a slip-and-fall can significantly hurt your personal injury claim. Even if you feel fine after the accident, it is crucial to seek medical care immediately. Why?

Consider the following reasons:

• Insurance companies will often look at gaps in medical care. When evaluating the case, insurance companies may use any reason to deny your claim or reduce the compensation amount. Delayed medical care gives them ammunition to argue that your injuries were either non-existent, pre-existing, or caused by something else entirely.
• Delaying medical treatment can be used against you in court as evidence of negligence on your part. The defendant’s lawyer could argue that since you did not seek immediate medical care after the accident, it shows that the injuries were not severe.
• By seeking medical treatment, you demonstrate that you took reasonable steps to address any harm caused by the owner’s negligence. If you were hurt on someone else’s property, the insurance company and property owners might try to argue that you did not take sufficient steps to address your injuries.

What if you failed to seek medical attention right away? It is never too late to seek treatment for any injuries that may have resulted from your accident, as long as your filing time limit has not passed.

The sooner you seek treatment, the better chance you have at recovering fair settlement costs with our Hill & Moin slip and fall attorney on your side.

Document Your Medical Treatment After a Slip-and-Fall Accident

Medical records are necessary pieces of evidence when filing a personal injury claim because these prove the extent and severity of your injuries.

Here are a few examples of medical documentation:

• Doctor’s notes
• Hospital bills
• Medication receipts
• X-rays or any other imaging tests that were done
• Appointments with healthcare professionals following the incident
• A daily log of any pain or discomfort you experience

Always document every aspect of your medical treatment after a slip and fall – no matter how small – as doing so will ultimately strengthen a case when seeking justice.

Common Slip and Fall Injuries

Slip-and-fall accidents can result in a wide range of injuries, from minor bruises to severe ones that require long-term medical care.

Some slip and fall injuries include the following:

• Dislocated joints or broken bones: Depending on the nature of the accident and how it occurred, bone fractures can be found anywhere throughout the body.
• Soft tissue injuries: These could include muscle tears, contusions, sprains, or strains which can lead to swelling that causes pain; symptoms such as bruising or swelling around affected areas is also common.
• Head trauma: If you notice symptoms of concussion or other head trauma, consult a medical professional immediately; traumatic brain injuries (TBI) may cause permanent brain damage if not treated immediately.
• Neck injuries and back injuries: These conditions often happen when someone lands awkwardly after losing his or her balance.

It is important to note that some symptoms may not appear right away after an accident occurs. Delayed signs could be indicative of serious underlying issues. That is why you should consult a doctor immediately and receive a comprehensive diagnosis even if you initially feel fine.

Recoverable Damages If You Are Injured in a Slip-and-Fall

If you are hurt in a slip-and-fall accident, the financial implications of your injuries can be substantial.

You may be entitled to recover significant damages such as the following:

• Lost wages: If your slip and fall injury prevents you from working for a period of time, you may be able to recover lost wages. If you are permanently unable to earn income from here on in, you could receive compensation for those losses.
• Medical expenses: This includes any costs involved in seeking medical care. Hospital bills, doctor visits, and prescription medication costs are included in this. It also covers physical therapy sessions, ongoing medical treatment, or long-term care.
• Non-economic damages: This includes pain and suffering, emotional distress, or loss of enjoyment of life.

New York Slip and Fall Injury Lawyers Ready to Work for You

At Hill & Moin LLP, our personal injury lawyers are ready to help those who have experienced slip-and-fall accidents. We understand how overwhelming and frustrating it can be to navigate the legal path alone.

Our legal team has extensive experience in personal injury cases, including slip-and-fall incidents. We know how to prepare your slip and fall claim. When we take on your case, we can help you seek financial compensation for medical bills, costs of long-term medical care, or pain and suffering.

We care about your well-being. When you hire a Hill & Moin slip and fall lawyer, we will fight tirelessly to ensure the best possible outcome for you. Contact us today for a free consultation to learn about your Personal Injury Recovery SolutionsⓇ. Call (212) 668-6000 or fill out the contact form to speak with our representatives. 

Don’t wonder about your rights!

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Losing a beloved family member can mean you are left not only battling grief but also facing a host of financial challenges. When a person’s death occurs due to someone’s negligence, surviving family members have every right to pursue compensation via a wrongful death lawsuit.

In New York, wrongful death claims can only be brought by the personal representative of the deceased. At such a time, you need the support of a compassionate and experienced attorney who will treat you like a member of the family and help you navigate the complexities of wrongful death statutes.

At Hill & Moin, our wrongful death lawyers will listen to your story and advise you on how best to proceed with your claim. Schedule a free consultation today by calling (212) 668-6000 or filling out our online contact form.

Filing Wrongful Death Claims in New York

In New York, only the personal representative of a deceased person has the right to file a wrongful death suit within the time specified in the relevant statute of limitations. The representative may also be known as the executor and is usually a trusted friend or immediate family member named in the will before the person died.

It is important to note that this is a key area where New York state law differs from many other states. For example, in some states, certain family members do have the right to bring a wrongful death claim. However, only the decedent’s personal representative has that right in New York.

When there is no will

If the person’s death occurs before he or she makes a will, the Surrogate’s Court will go through the process of administration. This involves appointing a qualified person, usually one of the deceased person’s immediate family members, to serve as the administrator of the estate.

The order of priority for appointment as administrator is as follows:

1. Spouse
2. Children
3. Grandchildren
4. Parents
5. Siblings

In rare cases where none of these family members can serve as the administrator, distant family members or a third party agreed on by the heirs may be appointed. The administrator will then act as the personal representative in a wrongful death case.

Defining Wrongful Death in New York

While any death is a tragedy for the family, most deaths do not meet the legal criteria for wrongful death in New York. State law requires that the death must have occurred due to “a wrongful act, neglect, or default.”

Determining whether you have a case

Each wrongful death case is unique, and understanding the legal terminology can be challenging. So don’t be quick to conclude that you don’t have a case. Instead, schedule a free consultation with a wrongful death attorney who will listen to your story and explain the legal routes available to you.

Wrongful death lawsuits following criminal actions

Wrongful death claims are sometimes brought following criminal actions, although this is not always the case. New York state law has a specific statute of limitations in such cases.

If you lost your loved one due to the criminal actions of another, choose an experienced wrongful death lawyer who can advise you on your rights.

Proving Wrongful Death Suits in New York

Wrongful death lawsuits are similar to making a personal injury claim. The main difference is that the personal representative pursues the claim rather than the plaintiff.

Both types of lawsuits must establish the following:

• Duty of care: The responsible party had a duty of care toward the deceased person
• Negligence/intention: The person’s negligent or intentional actions violated his or her duty of care
• Causation: The defendant’s actions caused the victim’s death
• Dependents: Wrongful death claims must also show that the decedent had survivors who were dependent on him or her or were beneficiaries of his or her estate
• Damages: The decedent’s survivors suffered economic losses because of his or her death

If you hire a wrongful death attorney, he or she will work with a legal team to build a strong case for damages on your behalf.

Evidence in Wrongful Death Cases

Your attorney will gather evidence related to the decedent’s death from various sources. These may include:

• Death certificate
• Autopsy report
• Police reports
• Video and photographic evidence
• Testimony of eyewitnesses and expert witnesses
• Medical records

All evidence must meet the standards outlined in the New York Evidence Guide. Therefore, it is helpful to gather as much evidence as possible and hand it over to your attorney.

Scenarios Leading to Wrongful Death Claims

Wrongful death claims can arise from many different scenarios, including the following.

Auto accidents

Tragically, in 2020, some 1,046 people died in fatal crashes on New York roads. If your family member was killed in a car accident that was someone else’s fault, his or her personal representative may be able to file a wrongful death claim.

Medical malpractice

If a doctor or health care provider made a mistake that caused your loved one’s death, you might have a case for medical malpractice. These cases can be challenging to prove, as a wrongful death lawyer must demonstrate how the healthcare professional’s decisions and actions did not meet the accepted medical standard of care.

Some instances of medical malpractice could include:

• Surgical errors
• Failure to make an accurate diagnosis
• Improper treatment
• Lack of warning of known risks
• Errors with medication of anesthesia

These cases are not easy, but your claim may have merit. Let an experienced attorney advise you on whether you can file a wrongful death claim and pursue justice for your loved one.

Intentional acts

While many wrongful deaths occur due to negligence, some are the result of intentional acts. For example, in 2022, 433 people lost their lives in homicides in New York City alone. Whether you have a criminal case or not, you may also have recourse to file a wrongful death lawsuit if someone else’s intentional acts caused the death of your family member.

Criminal and civil cases follow different laws and have different burdens of proof. So even if someone has been acquitted in a criminal court, there is still a possibility of filing a successful wrongful death claim.

Come talk to the legal team at Hill & Moin for free. We can arrange for a wrongful death attorney to listen kindly and patiently as you explain what happened to your loved one. He or she can then advise you on the legal avenues that you may be able to explore.

Exceptions to wrongful death claims in New York

Losing a baby before birth is a crushing blow for any parent. However, the 1969 Endresz v. Friedberg case established that the New York wrongful death statute does not allow you to file a claim if a fetus dies before birth. This would be the case even if another person’s wrongful actions caused the fetus’s death.

Wrongful Death Damages

New York law allows the personal representative to pursue monetary damages in wrongful death lawsuits. These may include:

• Funeral expenses
• Burial costs
• Medical costs arising from the decedent’s final illness or injury
• Lost financial support to the decedent’s dependents
• Loss of services and support the deceased person would have provided
• Lost inheritance
• Conscious pain and suffering of the decedent during his or her final illness or injury

One important difference between New York state law and some other states is that it does not currently allow the personal representative to seek damages for the pain and suffering the family endured as related to the victim’s death.

Punitive damages

In certain cases where the defendant’s actions were particularly egregious, the personal representative may also be able to pursue punitive damages. New York law states that “punitive damages may be awarded if such damages would have been recoverable had the decedent survived.”

Do you want to achieve justice by pursuing punitive damages? A qualified and experienced wrongful death attorney can advise you as to whether this option is available in your case.

Who can receive damages in a wrongful death claim?

Although only the deceased’s personal representative can pursue the wrongful death lawsuit, the damages may be awarded to others. The damages will be distributed in accordance with the deceased’s will.

If a person dies without a will, the damages will be distributed according to New York intestacy law as follows:

• Surviving spouse, no children – Spouse inherits everything
• Children, but no surviving spouse – Children inherit everything
• Spouse and children – First $50,000 plus 50 percent of the balance to the spouse, remainder to the children
• Parents, no spouse or children – Parents inherit everything
• Siblings, but no immediate family – Siblings inherit everything

If none of these scenarios apply, there are further laws regarding more distant family members.

Trust Hill & Moin With Your Wrongful Death Lawsuit

At Hill & Moin in New York City, we believe in treating our clients like family. We know that when you are grieving the death of a treasured family member, the last thing you want to do is fight the insurance companies and other opposing parties. So we are here for you. Our wrongful death attorneys are here to listen to your story and advise you on how it is best to proceed with your claim.

With over 40 years of trial and appellate experience in fighting tenaciously for fair settlements on behalf of all our clients, we have built a track record of achieving great results. So you can trust us to fight for your rights.

It all starts with a free consultation with an experienced wrongful death lawyer to learn your Personal Injury Recovery Solutions®. Don’t delay – call us at (212) 668-6000 or contact us online today.

Don’t wonder about your rights!

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A serious New York City car accident can turn your life upside down in the blink of an eye. If you sustained significant injuries, or if others were hurt, you could be feeling traumatized and overwhelmed. You may also be worried about how to focus on your recovery while, at the same time, continuing to take care of your family financially.

If you believe you are being unfairly blamed for the car accident, you may have legal recourse to dispute fault. You should never be held legally liable for an accident you did not cause. A trusted car accident lawyer can help you sort out the details and fight for a fair resolution to your insurance claim or personal injury lawsuit.

At the New York law firm of Hill & Moin LLP, our attorneys do all we can to ensure that each of our clients receives the justice he or she deserves. In practice since 1980, our professional and compassionate legal team prides itself on standing on the side of New York accident and injury victims.

Disputing fault after a collision can be complicated, but having an experienced car accident lawyer on your side can ease your stress and bring you peace of mind. Call (212) 668-6000 to schedule a free case evaluation today and learn more.

Fault Finding After a Car Accident

After an accident, the car insurance companies will assign an insurance adjuster to investigate the circumstances of the collision to determine who was at fault.

The insurance adjuster will likely take the following steps:

1. Speak with everyone involved in the accident. The adjuster will want to speak with you, the other driver, and any passengers or other eyewitnesses to the crash.

1. Inspect the vehicle damage. The type and extent of the damage can be telling in determining how the accident took place and who caused it.

1. Examine relevant documents. Documents such as photos of the accident scene, the police report, traffic citations, and medical treatment records can be used as conclusive evidence in determining fault in a car accident.

At times, the insurance company gets it wrong and assigns fault to an innocent party. If you feel this is true in your case, don’t give up. There are concrete steps you can take to dispute car accident liability.

Ways to Dispute Fault in a Car Accident Case

Disputing fault in a car accident case is not always easy, but it absolutely can be done. There are multiple steps you can take in order for the at-fault decision to be reevaluated by the insurance company and others.

Dispute the findings of the insurance company

If you believe you have been wrongly attributed fault for a car accident claim, notify the insurance company immediately. Make a phone call and follow up with a letter or email. Tell them that you disagree with their finding of fault and intend to take further action against them.

You may need to submit additional evidence that you did not cause the accident. By voicing your disagreement, there will likely be further investigation of your case. The insurance company may potentially revise its earlier decision.

Request that the police report be amended

If you disagree with the police report from the scene of the accident, try to speak with the investigating officer. It is in your best interest for the police officer to hear your side of the story first-hand. The officer might be able to clarify the initial accident report or add an addendum after speaking with you.

Contest any traffic violation you received over the accident

It may be that the insurance company found you at fault because you got a traffic ticket or citation in connection with the accident. If this is the case, you must dispute the ticket in court.

Even if you don’t win in court, the fact that you were willing to fight the ticket shows the insurance company how serious you are about disputing the at-fault decision.

Contact the insurance regulatory body

If the insurance company ultimately refuses to review your case, you should contact the New York State body overseeing insurance affairs. There are federal and state laws in place to help New York residents resolve liability claims.

Contact the insurance regulatory body in writing. They will then send an independent investigator to review your case.

File a personal injury claim

New York is a no-fault state when it comes to car accidents. Put simply, in no-fault states, there are systems in place to ensure that drivers carry medical insurance coverage for persons injured in a car accident. The no-fault system does NOT mean that nobody can be held responsible after a car accident.

As a New York driver, if you are involved in an accident and believe you are not at fault, you can file a personal injury claim with the insurance company. Both you and the other driver may need to dispute fault for the accident in writing. You can win the personal injury claim if you can submit enough evidence proving that the other party involved was negligent and at fault.

Contact a car accident lawyer for help

It can be frustrating and nerve-wracking when drivers, insurance adjusters, and even police are contradicting your version of events. Insurance companies tend to pressure accident victims into admitting fault for traffic collisions they did not cause. An experienced accident attorney, though, will not be intimidated by professional investigators and insurance adjusters.

A knowledgeable car accident lawyer can guide you through the claims process. Further, he or she is prepared to handle settlement negotiations with the insurance companies on your behalf.

Insurance law and car accident injury claims can be complex. If the other driver’s insurance company files a liability claim against you, and you thus need to dispute liability for a car accident, you should immediately contact an attorney to advocate on your behalf.

Taking these steps, listed above, will strengthen your case as you seek to dispute fault in a car accident claim and appeal the insurance company’s decision.

Evidence Needed to Dispute Fault in a Car Accident

In order to win a personal injury claim, you will need to present evidence proving that the other driver was at fault for the car crash.

The following can be used as evidence that the other driver caused the accident:

• Photographs of where the accident occurred and the scene afterward
• Video footage of the car crash from traffic or surveillance cameras
• Witness statements, including those who did not see the accident take place but can testify to the conditions immediately after the crash
• The extent of damage and point of impact on your vehicle
• Medical records of the type and extent of injuries sustained
• Accident debris
• Police reports

Fault determination in the aftermath of a serious car accident can be tricky. At Hill & Moin LLP, we help take care of investigating your claim and sorting the evidence so that you can focus on your recovery. If we take on your case, our empathetic and results-oriented personal injury lawyers will work aggressively to resolve the fault allegations against you, thereby securing your future.

Hire New York Accident Lawyers Who Care

Sustaining serious injuries in an auto accident is traumatizing in itself. Being unjustly accused of causing the collision, on top of everything else, could feel like too much to bear. If you find yourself in this situation, rest assured that it is possible to successfully dispute fault and get financial compensation for all you have gone through.

No one should have to go up against insurance companies alone. An experienced and compassionate car accident lawyer is the advocate you need during this stressful time. At Hill & Moin LLP, we like to consider ourselves as “your lawyers in the family.” In fact, that’s how some of our clients have described their experience of working with us.

With over 40 years of experience behind us, the legal team at Hill & Moin has proudly dedicated our careers to successfully litigating serious personal injury and accident claims of New York residents.

If you or a loved one is disputing fault in a serious New York car accident, please contact a knowledgeable car accident lawyer as soon as possible. You deserve a personal injury attorney who is committed to helping accident victims resolve unfair cases.

The know-how we offer can only strengthen your claim. An experienced attorney will be able to dispute fault and work to secure financial compensation on your behalf. That way, you can afford to treat your injuries, continue to support your household, and contentedly move on with your life.

We recognize that this is likely a very trying and difficult time for you and your family. We believe that every accident victim should have the confidence to pursue his or her legal remedies for full and just compensation. It is our mission to help you throughout the entire legal process, ensuring that all possible recourse is taken and no deadlines are missed.

At Hill & Moin LLP, we offer our clients Personal Injury Recovery Solutions® that work because we know how to investigate and skillfully dispute fault in car accident cases. Learn what our dedicated and results-oriented lawyers can do for you by calling (212) 668-6000 for a free consultation today. 

Don’t wonder about your rights!

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Some car accident victims can recall specific scenes of an auto collision years after the event; they might even describe it as happening in slow motion. The day of a car accident might seem like a blur for other survivors. Some remember nothing about hours or even days following their trauma.

At Hill & Moin, LLP, we realize that car accidents affect everyone differently. Some clients file a personal injury claim right away, while others need more time to act.

Our New York City legal team is ready to fight for your rights as soon as you decide to hire our compassionate accident lawyers. Yet, the strict New York deadlines determine how long after a car accident you can claim compensation for your injuries.

Learn how much time you have left to recover compensation for your accident injuries. Contact us anytime at (212) 668-6000 for a free case review. 

When Seeking Medical Attention After an Accident

Ensuring your car is in a safe spot is one of the first things you should do after a car accident. Put on your hazard lights and park along the shoulder or in a parking space.

Was anyone hurt in the accident? Call 911 for immediate medical assistance.

What if everyone seems to be fine? There is a good reason to make the call, even if no one seems to have experienced serious harm.

First, New York state law requires accident reporting for incidents resulting in certain amounts of estimated property damage. You can obtain an estimate from a professional auto body shop or a mechanic.

Secondly, a police report could be crucial evidence in your personal injury case. The traffic enforcement officer can note essential details about the accident scene. If you take advantage of emergency services, you also establish an official accident record. Later, an experienced attorney could access your accident report and medical records to build a solid personal injury claim.

Understanding State-Imposed Deadlines

The New York statute of limitations requires all car accident cases to begin before specific deadlines expire. Once the time runs out, you will not be able to seek compensation.

The time limit varies based on the age of the injured person and the circumstances surrounding the car accident. For instance, you might only realize the severity of your injuries after some time has passed since the accident. This may or may not be considered to be a factor that should influence the statute of limitations.

When Injuries Become Apparent Later

If you don’t call 911, get professional attention from an urgent care facility or your primary physician as soon as possible. The symptoms of some medical conditions are hard to detect.

Notice what medical journals reveal about the following injuries:

• Diffuse axonal injury (DIA) is the tearing of the brain’s connecting nerve fibers as the brain shifts during an injury. One research work states that “DAI is extremely difficult to detect noninvasively,” yet it “is one of the most common and important pathologic features of traumatic brain injury.”
• MRI aids in the early detection of “difficult-to-detect osseous injuries.” Osseous refers to bone injuries like bruises and fractures.
• Hernias of the diaphragm are “a common injury and marker of severe trauma.” One article reveals that “diaphragmatic rupture is of serious associated injuries which, unfortunately, is itself often occult [hidden].”

The symptoms of other traumatic accident injuries are slow to appear. Whiplash is a famous example. This soft tissue injury is caused by sudden bending of the neck in an accident.

According to the National Institute of Neurological Disorders and Stroke (NIH), the following whiplash symptoms might delay for days:

• Burning or prickling sensations
• Dizziness
• Fatigue
• Headache
• Joint, disc, ligament, and muscle injury
• Memory loss
• Pain
• Stiffness
• Trouble sleeping

Whiplash victims usually recover within a few months after the accident. However, some might experience pain and headaches for much longer.

Other medical conditions that might not show immediate symptoms are:

• Blood clots
• Brain swelling
• Concussion
• Internal bleeding
• Stroke
• Vision problems

The preceding are just a few examples of life-threatening bodily injuries that could go unnoticed until it is too late. Don’t rely on “feeling fine.” Stress hormones released during the accident and shock can mask physical and emotional pain.

Even physicians rely on X-rays, CAT scans, and other diagnostic testing to diagnose serious health issues. Get the medical care you need as soon as possible in the days following the accident. This is vital to your health and eligibility for your personal injury claim, especially since the statute of limitations is not likely to be made an exception for your car accident case.

Meeting Insurance Company Requirements

New York is a no-fault state. Therefore, the payment of car insurance claims does not always fall to the at-fault party.

In general, your Personal Injury Protection (PIP) would pay for the following:

• Reasonable accident-related medical bills and rehabilitation expenses necessary for recovery
• A percentage of lost wages per month for no longer than a few years from the date of the motor vehicle accident
• A limited daily amount for car crash expenses, such as transportation for healthcare and household services, for up to a year or so from the date of the car accident
• Death benefits, payable to surviving family members or the estate of the deceased, in addition to the no-fault limit

Many people opt for liability insurance covering bodily injury and damage to personal belongings if they are responsible for an auto accident.

You should promptly report New York car accidents to your insurance company and the police. If you fail to submit your written car accident claim in a timely manner, you have to provide “clear and reasonable justification for late filing.” This is actually one of the most common mistakes made by victims of car accidents.

An auto insurance policy establishes a significant relationship between the driver and the insurance company. Yet, many people never read it. Complicated language and confusing terms often make it challenging to understand how to report a car accident and file an insurance claim.

At Hill & Moin, many clients appreciate that our car accident lawyers treat them as their own family members. Why not bring your insurance contract to your initial consultation? We would be pleased to let you know if you have a car accident case.

Filing a New York Personal Injury Lawsuit

Medical bills can reach tens or hundreds of thousands of dollars quicker than you might imagine. Since each car insurance claim has a maximum payout, you might be left in debt if you rely on PIP coverage alone for your treatment costs.

A personal injury attorney can help reach financial recovery. Our law firm is dedicated to seeking compensation for qualifying car accident victims. We often begin by negotiating with the car insurance company responsible for the claim.

Unlike a PIP injury claim, the at-fault driver or the liable party is responsible for all losses caused. A car accident attorney must prove his or her liability in a personal injury or wrongful death claim.

This legal process could involve:

• Negotiating with the insurance provider
• Investigating the car accident
• Gathering evidence to establish causation, liability, and damages
• Interviewing witnesses and experts
• Documenting and valuing your losses
• Calculating lost wages and disability payments
• Evaluating non-economic damages like pain and suffering
• Settling property damage claims for the motor vehicles or electric vehicles involved in the car accident

These steps take time. Yet, the State of New York requires you to take legal action within only a few years of the accident. Once the deadline expires, you cannot file a claim or lawsuit.

Why lose out on your rightful compensation? Certain factors can affect how long it takes to recover compensation for your car accident from an insurance company. So, the earlier you contact a personal injury attorney, the more time you give your legal team to strengthen your personal injury case.

We would like to hear about your auto accident. Are you eligible for a personal injury claim? Please send us a message today, and a representative will get in touch shortly.

Recover Compensation While There Is Time Left

Car accident injury claims have the power to change lives. Why let a time limit rob you of your financial health? At Hill & Moin LLP, our law firm has a record of extraordinary results and client satisfaction.

You probably realize that a personal injury attorney could help you to seek significant compensation for your medical expenses, lost income, and other damages. Are you hesitating because you fear attorney’s fees will only add to your family’s financial burden? At our law firm, we are ready to provide you with a free consultation about your car accident injury claim.

Best of all, you can benefit from the legal counsel of a personal injury attorney without paying upfront fees. Upon a successful outcome, your legal costs would come from your financial compensation award from the liable party.

Don’t worry about your rights! If you were in a car accident in New York, contact us at (212) 668-6000 to schedule a free appointment and discuss your Personal Injury Recovery SolutionsⓇ.

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It is a fact that most slip and fall cases do not go to trial. This is good news, considering that a court battle can be costly and time-consuming for all parties involved. In general, all but a small fraction of these cases are resolved out of court.

If you have been injured in an accident on someone else’s property, be sure to get a fair settlement offer. How? Get legal representation from a qualified NYC slip and fall injury lawyer.

Contact the New York City law firm of Hill & Moin LLPat (212) 668-6000. Schedule your initial free consultation today to learn about your Personal Injury Recovery SolutionsⓇ.

What to Do When a Property Owner’s Negligence Caused Your Accident

For a slip and fall claim to be successful, it must be proven that the owner of the property’s negligence caused the accident. For example, if a property owner failed to repair a broken step or clean up a spill, and that caused you to slip and fall and suffer broken bones, you may be entitled to compensation for your injuries.

Don’t hesitate to get help from an experienced lawyer. Slip and fall attorneys can help you prove negligence and build a strong case for financial compensation.

Beware: Insurance Companies May Attempt to Settle Quickly

A slip and fall case typically involves a claim made by a victim who suffered injuries due to a fall that occurred on someone else’s property. It is crucial for anyone hurt in this manner to file a slip and fall claim as soon as possible to secure financial restitution.

With a slip and fall claim, you are required to present convincing evidence proving liability. Gathering the required evidence to substantiate your claim is a complex undertaking.

The complexity involved in proving a link between the slip-and-fall accident and the alleged owner of the property’s negligence is a critical factor. Negligence must be established in slip and fall settlement cases.

Most slip and fall cases are settled outside of court because of the significant difficulties in establishing a direct correlation between the fall accident and the property owner or manager’s supposed negligence.

Due to this, insurance companies are known to settle fall cases out of court. The amount they offer is often much lower than what could be obtained with the help of a lawyer.

Insurance companies may attempt to exploit the financial strain and trauma that you are experiencing. They hope to compel you to accept an offer without pursuing further legal action. In other words, insurance companies want you to accept a quick settlement offer that is less than what would be awarded in a slip and fall trial.

A slip and fall attorney can assess the insurance claim and determine a fair slip and fall settlement amount. An experienced attorney can then use his or her negotiation skills to recover compensation from the property owner’s insurance company, sparing you from further anguish.

Common Causes of Slip-and-Fall Accidents

A slip-and-fall accident can occur anywhere, and the reasons behind them can vary. The National Flooring Safety Institute reports that over 1 million ER visits each year in the US are related to these accidents.

Some of the most common types of slip and fall injuries come from accidents due to:

• Wet floors
• Stairways
• Uneven surfaces
• Poor lighting
• Slip-and-fall accidents on ice or snow
• Tripping because of debris

Wet floor accidents

Wet floor accidents are caused by floors that are not properly cleaned or marked. This can result in a slip-and-fall on a wet or slippery surface. The common causes of wet floor accidents include spills, leaks, and tracked-in water.

Stairway accidents

Stairway accidents occur when stairways are not correctly maintained. This can cause uneven or slick surfaces.

Poor lighting accidents

Poor lighting accidents happen when there is insufficient lighting in a building or area. This can contribute to tripping or falling.

Uneven surface accidents

Uneven surface accidents occur when surfaces are not level, resulting in tripping and falling. Common causes include broken stairs or an uneven sidewalk, potholes, and raised or lowered areas of flooring.

Slip-and-fall accidents on ice or snow

Slip-and fall-accidents on ice or snow can happen when surfaces are not adequately cleared of snow and ice. Common causes include property owners not using enough salt. They may not clear snow and ice in a timely manner. The property owner may not provide enough traction on the surfaces.

Trip accidents

Trip accidents can result when the debris is not cleaned up. Common causes include cluttered floors, debris from construction or repair projects, and items left out of place.

How Property Owners Can Be Held Accountable for Your Slip-and-Fall Accident

It is essential to note that property owners can prevent many slip and fall cases by taking reasonable steps to maintain their property in a safe condition. This includes regularly inspecting and maintaining the property, promptly addressing any hazards, and providing adequate warning of any known hazards.

Slip and fall claims can be challenging, and fall victims should seek legal advice. Fall cases settle out of court most of the time, but in some instances, the cases go to trial.

The property owner’s negligence can cause fall injuries, such as broken bones or worse. You are entitled to financial compensation for your injuries. However, you may be tempted by a low, yet quick and seemingly timely, settlement that a property owner’s insurance company offers.

In this regard, it is advisable to obtain legal counsel and fully explore your legal options. It is crucial to seek the assistance of an experienced personal injury attorney who can help you obtain the financial restitution you deserve.

Seek Compensation for Your Injuries After a Slip-and-Fall Accident

If you have suffered injuries due to an accident on someone else’s property, you may be eligible to receive compensation for damages incurred. A slip and fall attorney can help you build a strong case so you can get a fair insurance claim for expenses related to your slip and fall injuries.

By means of a personal injury claim, you can seek restitution for:

• Medical expenses incurred due to your injuries
• Lost wages
• Non-economic damages

The compensation you receive can cover significant amounts and help you recover from the financial impact of the fall. Let us focus a bit more on what can be included as compensation in slip and fall lawsuits.

Medical expenses

Your medical bills can be a significant part of your compensation claim. They can include not only the cost of initial medical treatment but also expenses for any ongoing medical care, therapy, or rehabilitation required due to your fall injuries, and other expenses. Slip and fall lawyers can help you compile and present medical records and bills to support your claim.

Lost wages

This category of damages is for wages you may have lost while injured. Both your past and future earnings, lost due to your inability to work, may be counted.

Non-economic compensation

Non-economic compensation refers to the losses that you suffered due to your injuries that are not easily quantifiable in financial terms. Pain and suffering, mental anguish, and loss of enjoyment of life are some examples of non-economic damages.

These damages can be challenging to prove in a personal injury case. An experienced slip and fall lawyer can help you present compelling evidence to support your claim.

How to Obtain a Fair Settlement for Your Slip and Fall Claim?

Most slip and fall cases settle out of court, with the property owner or the insurance company agreeing to pay restitution to the injured party. Your slip and fall lawyers can negotiate with the other party to obtain fair compensation. Hiring a lawyer helps to increase the success of your claim.

What If Your Slip and Fall Case Has to Go to Trial?

In some cases, the parties may not be able to agree on appropriate compensation. The slip and fall case may have to go to trial. If your slip and fall attorneys determine that you should go to trial, your lawyer can prepare your case for that next step.

An experienced lawyer can help you gather evidence and understand the legal process. He or she can represent you in court. Your lawyer can help you establish your valid claim that a negligent property owner is the responsible party for allowing a dangerous condition to exist and is the reason your fall occurred.

Get Back on Your Feet With Help From Slip and Fall Lawyers

Dealing with an accident can be overwhelming. This is especially true when it comes to navigating the legal system. However, with the guidance of a skilled lawyer, you can be confident that your slip and fall case is in capable hands.

How many slip and fall cases go to trial? The answer is that only a few such cases end up in court. It is often more advantageous for parties to settle slip and fall claims out of court to avoid high litigation costs.

Whether your claim settles out of court or goes to trial, our focus remains on getting you fair compensation for your medical bills, lost wages, and injuries. While you focus on recovering from your fall accident, let us handle the legal aspects of your slip and fall case and fight for the justice you deserve.

The personal injury law firm of Hill & Moin LLP can help you. We can connect you with New York slip and fall injury lawyers who can provide you with the right assistance.

Contact our New York City representatives by calling (212) 668-6000 and schedule your initial free consultation today to learn about your Personal Injury Recovery SolutionsⓇ. 

Don’t wonder about your rights!

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Store owners have a legal obligation to everyone who walks through the doors of their businesses. Aisles, walkways, and parking lots should be free of hazards. When stores are careless and do not clear away unreasonably dangerous clutter, customers could slip and fall and get seriously hurt.

If you were injured in a store, you might be entitled to compensation for medical expenses and other damages. A New York personal injury lawyer can help you hold the store owner or another negligent party accountable for your losses.

Hill & Moin has over 40 years of experience as a law firm. Over the years, we have seen much success in handling slip-and-fall accidents in New York. Our legal team knows what is needed to build a strong case for our clients.

We care about our clients so much that, when you choose our law firm to represent you, it’s like having “a lawyer in the family.” Call us today at (212) 668-6000 to learn more in a free case evaluation.

Causes of Store Slips and Falls in New York City

Various kinds of environmental conditions could crop up at any time in a busy store. These may be obstructions, spills, or other dangerous conditions that can cause someone to slip or trip.

Common causes of slip-and-fall accidents include:

• Unattended slippery floors: When water, another liquid, food, or something else spills onto the floor of any business, employees should clean it up right away. When a spill is left unattended, customers could slip on the slick surface.

• Lack of warning signs: Recently mopped floors, environmental factors such as snow or rain, or leaking refrigerators or A/C units can all cause slip-and-fall hazards. Employees should place a “wet floor” warning sign so that customers know that the floor is wet and slippery.

• Inventory blocking aisles: Oftentimes, businesses stock inventory after the store is closed. However, sometimes inventory is stocked during store hours with large pallets and boxes blocking aisles, increasing the risk of slip-and-fall accidents.

• Flooring defects: Any flooring defects should be quickly repaired. Broken tiles, torn carpeting, loose rugs, and broken steps can all be tripping hazards.

• Inadequate lighting: Dim or poor lighting can mask dangerous conditions that a person could better see if the area were sufficiently illuminated. Debris in the aisles, spilled liquid, and cracked flooring can be difficult to spot without proper lighting.

New York City Store Parking Lot Slip-and-Falls

Not all slip-and-falls occur inside a store. Sometimes someone could get hurt in the parking lot when entering or leaving the building. New York store owners have a legal duty of care to maintain not only their buildings but the outside of their business as well.

In winter, New York is prone to snow, ice, and other adverse weather conditions. When store property owners fail to clear and salt their parking lots in a timely manner, customers could slip and fall.

Other causes of parking lot accidents include:

• Uneven pavement and potholes: Weather, poor maintenance, and general wear and tear can take a toll on the pavement in a parking lot. A crack or pothole in the pavement surface could cause a person to trip and get hurt.

• Shopping carts and other items: Employees are not always as diligent as they should be about maintaining a parking lot. You have seen shopping carts, packaging, food waste, and other items littering a parking lot – which all add to hazardous conditions.

• Inadequate design: Parking lots are not always designed in a way that makes them safe for pedestrians. Poor designs include blind turns and corners, a lack of pathways designed for pedestrians, little space between parking spaces, and too few stop signs.

• Poor lighting: Any of the fall hazards previously listed could be compounded by insufficient parking lot lighting. When you are forced to walk across a store parking lot in the dark, you increase your risk of tripping and falling.

If you were injured in a store parking lot incident, contact Hill & Moin today. A personal injury lawyer can investigate your case, identify who is liable for your accident, and help you file a claim for compensation.

Steps to Take After a Slip-and-Fall in a Store

After a slip-and-fall in a store, you may feel embarrassed and tempted to leave the store immediately without even looking back. However, you may be more injured than you initially realized and could require extensive medical treatment.

Failure to immediately report the incident can have a negative effect on your chance of recovering compensation in a claim or lawsuit. However, you can protect your legal rights and the chance to recover compensation by taking the following steps.

Seek medical attention

Your health and safety should be your priority immediately following a slip-and-fall incident. Be careful not to get up or move too fast if you feel pain or discomfort. You could exacerbate your personal injuries by moving too quickly.

Call out for help if necessary. If you believe you need immediate medical assistance, call 911 or ask someone else in the store to call for you.

Even if you feel fine immediately following your fall, you should still visit your doctor as soon as possible. Some serious injuries take several days to manifest symptoms. The medical records from your doctor’s visit can establish proof your injuries were caused by the store slip-and-fall accident.

Notify the store owner or manager

Ask to speak to the store owner or manager on duty and inform him or her of your mishap. Let the manager know where the fall accident occurred and what condition caused it (wet floor, lack of signage, or the like). You should also ask for the store’s insurance information and request access to the security footage in the area where you fell.

Most large store chains will have a formal process for reporting onsite injuries and incidents. Ask the manager to file an incident report and request a copy for your records.

While speaking to the manager, relay what happened, but be careful not to say anything that could be construed as an admission of fault. Also, take care not to sign anything without speaking to a lawyer. Some stores may try to get you to sign a liability agreement which would prevent you from filing a claim or lawsuit against them.

Collect evidence

Whether or not you can immediately gather evidence will obviously depend on your condition and how badly you are injured. If you have someone shopping with you, ask for help.

The following evidence is beneficial in slip and fall cases:

• Photos of what caused you to fall
• Video surveillance footage
• Eyewitness statements and contact information
• Physical evidence such as the shoes you were wearing

If possible, use the camera on your phone to immediately document the accident scene. After you leave, the store property owner may quickly clean up or repair the condition that caused you to fall – removing key evidence.

Contact a slip-and-fall lawyer

It is in your best interests to contact a personal injury attorney as soon as possible following your accident. You can be sure that the store, especially if it is a large chain, is likely to have high-powered lawyers and insurance companies representing them.

Even if you have solid evidence backing your case, the store’s lawyers may still try to place the blame on you. An insurance company may try to get you to sign away your right to compensation or pressure you into accepting a fast and low settlement offer.

When you have a skilled lawyer on your side, he or she can defend your legal rights and ensure you receive fair compensation.

Why You Should Not Post About Your Fall on Social Media

The majority of people use some form of social media these days. After a store slip-and-fall, you may be tempted to post pictures of your injuries to inform your friends and family of the incident. You might also be tempted to write a scathing review of the store and share details about your accident and injuries with everyone.

It is in your best interests, though, to refrain from posting anything on social media until your slip and fall case is completely settled. Even if your social media settings are set to “private” so that only friends and family can see your posts, insurance companies may still be able to access your information.

How could an insurance company gain access to your social media posts? When slip and fall cases can’t be settled out-of-court, injured victims may choose to file a slip and fall lawsuit.

One part of a personal injury lawsuit is the “discovery phase.” During this phase, the lawyers from the other side may request copies of all of your social media posts. They will be looking for contradictory statements you have made, time stamps, and any photos or videos that discredit your case.

Deleting your posts may seem like an option. However, keep in mind that social media companies store anything you have posted on their site, including deleted items. In the past, the court has ruled at times that social media companies hand over all deleted posts.

New York City Slip-and-Falls Cause Serious Injuries

The National Floor Safety Institute (NFSI) reported that slip-and-falls accounted for over 1 million emergency room visits in the US within a single year. If you suffered harm due to a store owner’s negligence, you should not have to pay for your medical bills out of pocket.

A lawyer can help you get compensation for all of your personal injuries, including:

• Broken bones
• Soft tissue damage
• Head and back injury
• Internal organ damage
• Spinal cord damage
• Traumatic brain injury
• Lost limbs

Who Is Liable for a New York Store Slip-and-Fall Accident?

Slip-and-fall accident cases fall in the category of premises liability. A premises liability claim arises from visitor usage of land or buildings.

New York premises liability law requires all property owners to keep their land and buildings well-maintained and safe for visitors to enter. This means that store owners are legally obligated to keep their premises reasonably safe for all customers, employees, and others.

Generally, in slip and fall cases involving stores, it is the property owner who is held responsible. If a store owner’s negligence caused your accident and resulting injuries, you may be able to hold that individual liable for damages.

What Is “Actual Notice” and How Does It Apply to Slip-and-Fall Accidents?

Under New York premises liability law, property owners can be liable for injury-causing hazards on their properties if they knew or should have known about the hazardous condition. A property owner has “actual notice” when he knows about the danger.

A property owner has “constructive notice” of a hazard when it is so obvious that he should have known about it. All property owners, including store owners, have a duty to be aware of the condition of their property. They must promptly repair broken floor tiles, loose handrails, broken light bulbs, and other conditions.

While it can be difficult to prove actual notice, constructive notice can be shown in various ways. Your lawyer will know what evidence is needed to prove the property owner knew or should have known about the dangerous store condition.

How an NYC Premises Liability Attorney Can Help

Even if you feel that the store is obviously to blame for your fall injury and that you have a clear case against them, it is likely that you will face challenges every step of the way. Most businesses will deny liability or try to settle for an unreasonably low amount of money.

When you hire legal representation, you can focus on healing and have the peace of mind that your lawyer is looking out for your best interests.

A slip and fall lawyer can perform the following tasks on your behalf:

• Investigate the accident: Look into the cause of your slip-and-fall to determine why it happened and who is to blame

• Examine the evidence: Including any you were able to collect and other evidence the lawyer can gather to build your personal injury case

• File a claim or lawsuit: Your attorney will fill out all necessary paperwork and ensure your claim is filed within the allowed statute of limitations

• Communicate with the insurance company: Your personal injury lawyer can stand up to insurers that try to devalue or deny your injury claim

• Negotiate a settlement: Your slip and fall attorney will work hard to negotiate a just and fair settlement on your behalf

• Protect your rights: Your attorney can defend your legal rights if the store tries to blame you for your slip-and-fall accident

• Consult with experts: Your legal team may consult with medical professionals, job counselors, engineers, and other experts when filing your claim and calculating your losses

• Litigate your case: Your lawyer can take your case to court and present it to a judge and jury if a fair settlement agreement cannot be reached with the at-fault party

Recovering Compensation After Your New York Slip-and-Fall Store Accident

If your slip-and-fall occurred due to the property owner’s negligence, you could be entitled to seek compensation for your losses. Your payout amount will depend on the severity of your injuries, the extent of your financial losses, and other factors.

Damages awarded in slip and fall claims and lawsuits commonly include:

• Medical bills
• Loss of income
• Loss of future earning potential
• Rehabilitation and therapy
• Pain and suffering
• Loss of enjoyment and more

Also, here are a few insights regarding compensation in slip-and-fall accidents in public transit or subway.

Contact a New York City Slip and Fall Lawyer Today

If you or a family member suffered a serious injury in a New York slip-and-fall accident, we want to help. We can arrange for you to speak to a personal injury lawyer who can answer your questions and inform you of your legal rights and options. Once we take on your slip and fall case, we will work hard to get you the money you deserve.

Our law firm represents slip-and-fall accident victims on a contingency fee basis. This means you do not pay anything out-of-pocket for our legal services. You do not owe us a dime unless your case is successful and you are paid a settlement.

When Hill & Moin evaluates your slip-and-fall accident case, we can direct you as to the best way to handle your case. Depending on your situation, we may take on your case ourselves or direct you to another firm that also treats clients with dignity and kindness.

When you work with our law firm, it’s like “having a lawyer in the family.”

Call us at (212) 668-6000 or complete the contact form to schedule a free consultation and learn your Personal Injury Recovery Solutions®.

Don’t wonder about your rights!

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Gagan Singh had been working as a Deli manager for 2 years. He was forced to use a dangerous stairway to access the prep kitchen and other areas of the premises. Unfortunately, the stairs posed a hazard to workers and Gagan slipped down the structure. The fall caused him to fracture his wrist and undergo surgery. Seeking compensation for his unfortunate condition, he did a Google search and found the website of Hill & Moin, LLP. Following an informative consultation, Gagan retained the law office of Hill & Moin, LLP. The staff members at Hill and Moin LLP were kind, cooperative and wonderful. Hill & Moin, with an outstanding reputation for fighting aggressively in court, succeeded in presenting a $325,000 settlement to the happy client. Gagan is eternally grateful to the attorneys and staff at Hill & Moin, LLP and would recommend them to anyone seeking stellar legal representation.

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