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

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

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

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

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

Do Car Accident Cases Always Go to Court?

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

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

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

Why Do Car Accident Cases Go to Trial?

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

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

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

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

The Stages of a Car Accident Lawsuit

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

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

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

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

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

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

Reasons for Losing a Car Accident Lawsuit

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

Not hiring a personal injury lawyer

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

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

Presented evidence

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

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

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

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

Honesty and credibility

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

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

Some ways to bolster your credibility are:

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

Contributory negligence

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

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

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

Social media

Car accident victims may be tempted to vent their frustrations on social media. This is actually one of the most common mistakes car accident victims make. If you are involved in a lawsuit, what you post on social media could be devastating to your case.

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

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

The Consequences of Losing a Car Accident Lawsuit

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

As the plaintiff

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

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

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

As the defendant

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

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

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

Losing a Car Accident Lawsuit Can Cause Financial Challenges

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

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

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

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

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

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

Hiring a Car Accident Lawyer Could Help You Win Your Case

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

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

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

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

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

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

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

Let Us Help You Help With Your Car Accident Case

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

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

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

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

Don’t wonder about your rights!

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

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While biking to work, L.U.E was struck by a vehicle, causing him a fractured knee. The defendant claimed that his vision was compromised because of the sun, blocking his vision of the bicyclist. Following a series of medical appointments, the plaintiff underwent knee surgery. As he began his long journey to recovery, L.U.E decided to seek legal representation. After completing a diligent online search, the plaintiff called Hill & Moin. After meeting with the attorneys and seeing first-hand their willingness to answer all questions, L.U.E retained Hill & Moin to represent him on his legal journey. Hill & Moin fought tirelessly and ultimately to obtain the full insurance policy of the driver. The plaintiff was very satisfied with the result, as well as the client service provided. L.U.E now hopes to return to a normal life and repay his debts.

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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Ⓡ. 

Don’t wonder about your rights!

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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. 

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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.

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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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