Slip-and-fall accidents can disrupt not just your day but also your life. As someone who has been injured in a slip-and-fall accident, you have every right to seek compensation.
Filing a premises liability claim could help you cover your medical bills, ongoing treatments, and other damages. But you can only be compensated if you report and file your accident on time.
At Hill & Moin LLP, we help injured slip and fall victims report their cases, file their claims, and recover fair compensation. We want to help you understand New York City’s accident deadlines and report your accident on time.
This guide will give you a comprehensive overview of the reporting requirements for slip-and-fall accidents in New York City.
Time Limits for Reporting Slip-and-Fall Accidents in New York City
After a slip-and-fall accident occurs, you may feel too overwhelmed by your fall injury to focus on legal matters. We understand how easy it can be to miss the case report deadlines while focusing on your recovery.
Sadly, missing legal deadlines could interfere with your receiving compensation for your injuries. But knowing when to report a slip and fall case could increase your chances of receiving financial aid for damages.
The unique circumstances of each case greatly influence the time limit for reporting what happened. Property ownership is one factor that dictates report deadlines in New York City. Below are the deadlines for different types of property ownership.
Filing for an injury sustained on private property
A slip-and-fall accident on private property must be filed before the New York statute of limitations runs out. The deadline for your case is counted from the day of the incident, but it would be best to file as soon as possible.
Late filing can reduce the credibility of your slip and fall claim. For instance, if you have not received medical treatment within 7 months for an injury you claim was caused by a property owner’s negligence 7 months ago, you may be less likely to get the compensation you hope to win.
Delay in treatment may make it difficult to prove that your injuries are related to your fall. What’s more, the party liable for your accident, or their insurer, may argue that your injuries are far less serious than you claim
Notifying municipal entities of a slip and fall claim
New York City has many municipal entities that oversee city operations and services. A few of these include:
The City of New York (A municipal entity that is governed by the Mayor’s Office and the New York City Council)
New York City Police Department (NYPD)
The Fire Department of New York (FDNY)
NYC Department of Transportation (DOT)
The New York City Department of Parks and Recreation
The New York Department of Sanitation (DSNY)
New York City Housing Authority (NYCHA)
What if one of these municipal entities is liable for your injury? The statute of limitations is shorter for accidents on New York City property, such as sidewalks or public parks. The legal time frame to file a personal injury claim against a municipal entity differs from the deadline for filing a lawsuit.
To be more specific, you are required to follow the timelines below:
Notice of Claim: This is a formal notification to the municipal entity of your intention to pursue a claim against them. You are required to file a Notice of Claim with the municipal entity responsible for the property where your slip-and-fall accident happened.
Filing a lawsuit: After filing the notice, you must wait for a period of time, as stipulated by law, before filing your slip and fall lawsuit against the municipal entity.
Pursuing legal action against public authorities
Public authorities like the NYC School Construction Authority and the Port Authority of New York and New Jersey may have shorter statutes of limitations than municipal entities. If so, then when you have a potential claim against these entities, you also have less time to file a Notice of Claim and the corresponding lawsuit.
Other public authorities, like the Metropolitan Transportation Authority (MTA), may have slightly different notice requirements. Before preparing your lawsuit or Notice of Claim, speak to an experienced lawyer who will know the current statutes and time limits. Also, you can learn more about slip-and-fall accidents in public transit vehicles here.
Reporting a slip and fall case to the State of New York
The legal structure for premises liability claims against the State of New York is quite extensive. These cases are subject to the Court of Claims Act.
The Court of Claims Act is a set of rules and procedures outlining how people can file claims against the state. This Act gives you two main options when you make a claim against the State of New York, described below.
File a verified claim
Under this option, you are required to serve and file a verified claim, describing the details of the accident and your basis for filing a claim against the state. This option allows you to begin the legal process sooner and possibly reach a quicker conclusion by serving and filing your claim.
File a Notice of Intention and a verified claim
You have the option to file a Notice of Intention after a slip-and-fall accident. This document serves as a preliminary notice to the state, letting them know you intend to pursue compensation for a slip-and-fall accident. After filing the notice, you may be allowed additional time from the date of your incident to file and serve a verified claim against the State of New York.
The law also specifies that you may sometimes make a motion to treat a Notice of Intention as an actual claim. This may be possible when the Notice was served on time, but the claim was not.
As you can see, the strict procedures for filing a slip and fall claim with different entities can be quite overwhelming. We advise slip and fall victims to seek the help of our knowledgeable personal injury attorneys.
If Hill & Moin takes on your case, we can help ensure that your documents are correctly prepared and filed in compliance with the Court of Claims Act’s requirements. And if your case needs to go to trial in the Court of Claims, we can help you fight for compensation.
The Statute of Limitations for Special Circumstances
While the personal injury statute of limitations of a few years is the general rule for slip and fall claims in New York, there are some exceptions. Special circumstances may allow for an extended deadline for fall victims. Understanding the unique circumstances that might apply to your case can help you and your personal injury lawyer build a compelling claim.
Filing a slip and fall claim for minors or disabled individuals
When minors or disabled persons are involved in slip-and-fall accidents, the statute of limitations differs from other cases. Here are some specific provisions:
For minors: When someone under 18 years of age is involved in a slip-and-fall accident, the statute of limitations “clock” doesn’t start ticking until the minor turns 18. This means the minor may have a few extra years to file a personal injury lawsuit for injuries sustained.
For disabled people: The statute of limitations can be modified if a disabled person is involved in a slip-and-fall incident. Most of the time, the modified timeline may depend on the type of disability and the circumstances of the case. In some cases, the statute may be temporarily paused until the disabled individual is deemed capable of pursuing legal action. The courts may consider factors such as the individual’s mental capacity and ability to understand his or her legal rights.
Reporting your slip-and-fall accident when you cannot identify the liable party
Generally, the statute of limitations counts down a few years from the date of your incident. However, in situations where the defendant cannot be identified, this time frame may present a challenge to your compensation claim.
Fortunately, the law acknowledges that an injured party may require extra time to gather evidence and uncover the identity of the responsible party. If it is unclear who this may be, you and your lawyers will have to work diligently to identify them.
Identifying the person responsible can be especially difficult. Here are a few reasons why you may have trouble identifying the responsible party:
Public spaces like retail stores and malls may have multiple parties responsible for the property; this makes it difficult to pinpoint a single owner
Property management companies or landlords may be responsible instead of the property owner, adding complexity
Some property owners may use corporate entities that hide their direct ownership
The reporting deadline for a wrongful death claim
In tragic situations where slip-and-fall accidents cause a fatality, the statute of limitations may differ from the general personal injury statute. Wrongful death claims are often filed on behalf of the deceased person’s surviving family members, seeking compensation for the financial losses incurred.
The specific timeline for filing a wrongful death claim in New York is generally counted from the date of the individual’s death. This allows surviving family members some time to grieve their loss before pursuing legal action through a personal injury lawsuit.
The Benefits of Filing a Slip and Fall Lawsuit Early
The sooner you file your personal injury claim, the more beneficial it can be for you. A delay in pursuing your claim may reduce the evidence and harm your chances of receiving compensation.
Promptly reporting a slip-and-fall accident is crucial for several reasons:
Preserving evidence: When you file a claim early, the fresh evidence available makes your case more convincing. Over time, witnesses’ memories may fade or the property owner may fix the hazard that caused your injuries.
Medical attention: Getting medical attention as soon as possible is important. These medical records could serve as evidence of the injuries sustained in the accident.
Notifying property owners: Reporting the incident notifies the property owners of the slip-and-fall accident, which might prompt them to address the hazard. In this way, future accidents are prevented.
Compliance with legal deadlines: Failure to report slip-and-fall accidents within the required statute of limitations window could jeopardize your ability to pursue compensation.
Contact a New York City Lawyer at Hill & Moin LLP Today
After a slip-and-fall accident has occurred, you may want to pursue a personal injury claim or lawsuit. This task can seem intimidating, though, since there are many filing requirements and deadlines. As medical providers provide treatment and expect to be paid, the pressure to report your case on time can increase.
Our knowledgeable New York City lawyers want to relieve your burden and help you report your accident on time – in compliance with local premises liability laws. If need be, our lawyers are even prepared to go to trial to secure fair compensation.
Contact a slip and fall lawyer at (212) 668-6000 to schedule your initial free consultation today and learn about your Personal Injury Recovery SolutionsⓇ.
One of the most difficult situations a person can face in life is the tragic death of a loved one. This can be especially challenging when the death was caused by someone else’s negligence and could have been avoided.
In addition to the deep emotional and familial loss, a tragic death often results in considerable financial strain as well. A wrongful death lawsuit may be one option to recover compensation for the damages caused, so this blog discusses some important details you need to know before deciding your next steps.
The wrongful death attorneys at Hill & Moin LLP are here to answer your questions and provide the information and guidance you need during these difficult moments. Our team is available 24/7 to offer the help you need – call us at (212) 668-6000 to schedule your free consultation with our legal team.
The 3 Types of Damages in NY Wrongful Death Lawsuits
When speaking about both wrongful death and personal injury lawsuits, you will hear the term “damages” frequently. Put simply, damages are losses that have resulted from an injury or death where compensation is available.
Generally speaking, damages awarded to the surviving family members in a wrongful death lawsuit typically fall under one of 3 categories: economic, non-economic, or punitive.
Economic damages
Economic damages, as the name suggests, refer to financial losses due to a person’s death. In many wrongful death cases, a victim may have received medical treatment and care before death, resulting in medical bills and expenses. In addition to these medical expenses, compensation can also be awarded for funeral and burial expenses.
However, these initial and direct expenses do not tell the whole story. Especially when the victim was a main provider for the family, there is a much larger financial impact as well. That is why economic damages in a wrongful death claim often include compensation for lost financial support, such as loss of earnings, benefits, and inheritance.
Non-economic damages
Of course, a wrongful death results in much more than simply financial losses. There is often substantial emotional trauma suffered by the surviving family members.
In many states, surviving family members are able to recover compensation for non-economic damages, such as:
Loss of love and companionship
Loss of guidance and advice
Loss of consortium of the spouse
Mental pain and suffering of the family members
In New York, however, compensation for pain and suffering is only available to the personal injury victims themselves before their death, not their family members. In other words, you cannot claim non-economic damages by means of a wrongful death claim.
As you can see, proving some damages may be less straightforward. Our wrongful death lawyers take the time to work closely with our clients to understand the damages caused after a wrongful death. Most times, this includes working with experts who can help calculate and prove the amount of damages in a wrongful death case.
Punitive damages
In addition to economic and non-economic damages, at times, punitive damages may be awarded in exceptional wrongful death cases in New York. As implied by the name, punitive damages are not there to compensate for a loss in particular but as additional punishment for the action.
Punitive damages are rare and are typically awarded when a defendant’s actions were grossly negligent or intentional. In order for punitive damages to be awarded, it must be proven that the liable party acted with “conscious disregard or indifference to others’ safety, life or rights.”
The court will decide whether punitive damages are necessary, as well as the amount. Generally, factors such as the severity of the person’s actions or negligence, as well as the impact of the incident on the victim and his or her family, will be considered.
Filing and Recovering Damages in a Wrongful Death Lawsuit
The way wrongful death suits are handled depends largely on the laws of the state where the victim was living at the time of his or her death. These laws vary greatly from state to state, making it especially helpful to work with an experienced wrongful death attorney who is familiar with local laws and statutes.
Who can file a wrongful death lawsuit?
Generally speaking, states fall into one of the following categories when it comes to filing wrongful death lawsuits:
A surviving family member
A personal representative
An executor
In New York, the personal representative of the estate needs to file a wrongful death lawsuit. While the personal representative is responsible for filing the lawsuit, he would not normally be a beneficiary of the settlement unless he was also an eligible family member.
Who can recover damages?
Legal actions filed in the case of a loved one’s death are generally separated into: survival actions and wrongful death actions. A survival action claims damages suffered by the victim prior to his or her death, both financial and emotional. Meanwhile, a wrongful death action is usually limited to seeking economic damages suffered by the surviving family members due to their loved one’s passing.
Compensation awarded for the survival action goes to the estate of the victim which will eventually be divided up according to the will.
If a spouse and no children, the entire amount goes to the spouse
If a spouse and children, the spouse receives $50,000 and half of the remaining balance, with the children dividing the rest equally
If children and no spouse, the amount is divided equally among the children
If there are no children and no spouse, the entire amount goes to the parent(s)
If siblings and no spouse, parents, or children, the amount is divided equally among the siblings
At times, the estate will also be distributed to the grandparents or grandchildren if there are no closer living relatives.
Compensation awarded by means of a wrongful death claim, however, gets divided up according to who suffered the losses. In most cases, the spouse, children, or parents of the victim can recover compensation by means of a wrongful death lawsuit.
Your wrongful death attorney can help you better understand the options that may be available, depending on your case. It could be that a survival action, in addition to your wrongful death claim, will ensure that your family’s needs are fully met.
Call Hill & Moin LLP Today for the Legal Help You Need
It can be overwhelming and stressful to consider and initiate a wrongful death lawsuit while still grieving your loved one. If you think you have a potential wrongful death case, you do not need to handle this on your own.
At Hill & Moin LLP, NYC, we are dedicated to providing our clients with the support and guidance they need. Our team is available to listen to your story and answer your questions so you can decide on your next steps.
Contact us 24/7 at (212) 668-6000 to schedule your free consultation and learn about our Personal Injury Recovery SolutionsⓇ. A wrongful death claim may be the best option for you.
G.A. was on his way to visit his partner’s home when he tripped and fell due to a defective sidewalk. Upon getting up, he limped to his destination with a quickly swelling and bruised ankle. The continuous pain forced him to seek treatment at the hospital, where he was diagnosed with a fractured left ankle.
G.A. contacted a colleague who referred him to Hill & Moin LLP. He called their office and after conducting an intake, an appointment was scheduled to meet with the partners of the firm. The attorneys made a plan of action and began diligently working on his case. Even during the pandemic, the firm moved his case forward with confidence that they would deliver him a settlement beyond his expectations. The case settled for $500,000, which will change the trajectory of P’s life, since he will now be able to live his dream of owning a clothing store.
Meeting with friends in the park on a beautiful sunny afternoon should have been an enjoyable day of relaxation and leisure for Galyna S., but disaster struck before she even had a chance to arrive. On her way to a local hang-out spot nearby where retired friends often gather, Galyna S. walked down the sidewalk towards her destination. As she was nearing the park’s entrance, her left foot became caught on a raised sidewalk tile. Sent flying through the air, Galyna S. landed on her left side, her arm and knee smashing into the rough concrete of the sidewalk. Frightened and in pain, Galyna S. waited for medical attention to arrive. Realizing this wouldn’t be the only type of assistance she would need, she contacted the attested personal injury attorneys at Hill & Moin, LLP to help her get the justice she knew she deserved. When working with Hill & Moin, Galyna S. realized that the glowing 5-star reviews she had read were accurate for her experience too, noting feeling cared for and listened to throughout her case. Even though she did not speak English, she found the Russian-speaking staff to be extraordinarily helpful. The attorneys took the time to meticulously bring the facts of her accident to light, securing her a remarkable settlement of $400,000! With the fresh start of her newfound monetary relief, Galyna S. hopes that every day will now be a much more pleasant walk in the park.
New York is an area known for its constant hustle and bustle and sometimes, not even having the “Walk” signal in the crosswalk can keep you safe on the roads. This was the ill-fated truth for P.H. one day when she was on her way to get her tablet fixed at a local repair shop. Walking down a street that she had traveled many times before, it seemed to be a day like any other. Approaching an intersection, P.H. looked up at the crosswalk signal to confirm the presence of the “Walk” symbol before entering the street. All clear, she proceeded into the crosswalk and began to cross. When she had all but made it to the other side, a vehicle appeared seemingly out of nowhere striking P.H. She landed on her back and hit her head on the pavement, sustaining serious injuries in the process. P.H. knew that what happened to her in the intersection was not right, but she didn’t know where to turn for assistance. Grateful to be put in touch with the hard-working attorneys at Hill & Moin, P.H. thanked them for their vigorous approach to negotiating a settlement for her suffering. She felt comforted by the reliable communication from staff at Hill & Moin throughout every step of the way, noting how every concern she had was addressed with knowledge and kindness from support staff and attorneys alike. With this traumatic event now in her past, P.H.’s plans are to savor her life one day at a time. P.H. intends to use her newfound relief secured by Hill & Moin to focus on enjoying all the little things she holds dear, like never missing out on her favorite cup of coffee.
Sometimes even the activities we consider to be “risk-free” have their own potential unforeseen hazards. For R.M., this meant a routine shopping trip to pick up some groceries from a trusted and well-known chain of grocery stores. Innocently making her way through the store with her cart checking off the items on her list, she was in the final stretch waiting to check out when a display of zucchini caught her eye. Approaching the refrigerator case to get a better look, she slipped and fell and suffered a fracture. She most certainly did not expect to wind up injured and with an even bigger bill than just the groceries, now that she had to seek medical assistance due to her fall. R.M. wasted no time reaching out to the personal injury attorneys at Hill & Moin, LLP, knowing they would know just what to do to get her the financial help she needed. She made the right call, as they secured her a settlement in claim in the amount of $160,000! Asked about her experience trusting Hill & Moin, R.M. was quick to note that the service and communication from the very first intake specialist asking all the right questions to the paralegals and attorneys who worked to get her justice went above and beyond her expectations. R.M. expressed gratitude for the consistent diligence of the attorneys, who worked tirelessly to get the best outcome possible for her case. From answering her questions to following up on promises, Hill & Moin made R.M. feel able to rest assured throughout this trying time. With her exhausting ordeal behind her, R.M. plans to use her settlement to renovate the exterior of the property she owns so that she can enjoy the fruits of her investment for many years to come.
Nobody likes taking a trip to the grocery store, but Yurii D. had an especially unfortunate experience during one visit in particular. Walking back to his car with his wife after picking up some essentials, Yurii D. was steering a pushcart filled with his newly purchased groceries along the sidewalk. As Yurii D. walked, the streetlights illuminated his path. Even so, he did not notice the uneven and jagged edge of the sidewalk until it was too late. The wheel of Yurii D.’s pushcart became lodged in the crack, forcing the cart to a stop and sending him toppling over it. Landing on his right shoulder on the concrete below, Yurii D. immediately knew he had been injured. As he and his wife stopped to assess the sidewalk crack, they also thought it wise to reach out to the attorneys at Hill & Moin, LLP. It was a good thing they did, because Hill & Moin, LLP wasted no time taking the necessary steps to start Yurii D.’s case to get him the relief he sought. When speaking on his experience with Hill & Moin, Yurii D. notes that despite navigating a slight language barrier, the whole staff was always cheerful, ready to help, and answered his questions whenever he addressed them. With their expertise, the attorneys at Hill & Moin managed to obtain an impressive $460,000 for Yurii D. With this ordeal in the past, Yurii D. is moving on, citing plans to support his family and also to support humanitarian efforts for those affected by the war in Ukraine.
If you know someone who has died as a result of someone else’s negligence, wrongful act, or misconduct, our hearts go out to you. When you have suffered such a tragic loss, you feel it deeply – especially when injustice robbed you of your loved one.
Who was to blame? Can you hold that person or entity responsible for what happened? Who can help you make the most of wrongful death lawsuits?
The wrongful death attorneys of Hill & Moin LLP, based in New York City, can do more than answer these questions. We are also prepared to give you legal advice you can afford while offering you the solutions you need.
Even if you are just a little bit curious as to whether retaining a wrongful death lawyer would be worth it in your case, we welcome your call. Hill & Moin’s compassionate representatives are standing by 24/7 – so feel free to call (212) 668-6000 anytime, day or night, to schedule a free consultation with our legal team.
Evaluating Your Situation to Get Started
Before legal action is set in motion, your wrongful death lawyer must first identify the party who is eligible to file the wrongful death lawsuit.
It’s possible that you, even as a surviving family member of the deceased, will not be eligible to file the wrongful death lawsuit in your name. This may not mean, however, that you will be barred from compensation.
The estate representative, named in the deceased’s will, may bring the wrongful death claim. By New York State law, only the spouse, children, parents, or parent’s children may otherwise file the lawsuit.
Yes, the jurisdiction of your case matters – and laws always change. Hill & Moin, though, has the resources and know-how to clarify your options for you.
Our New York wrongful death lawyers keep on top of the changing statutes and can let you know:
Whether you have a solid wrongful death claim
How much time you have to file your wrongful death lawsuit
Who in your family can bring the wrongful death claim
Who is truly liable for the wrongful death
What damages you may qualify to receive
How much compensation we have won for similar wrongful death cases previously
To collect all the information we need, our wrongful death attorneys may ask you detailed questions such as:
What was the cause of death?
Did your loved one pass right away, or did he or she suffer for some time after an accident?
Where did the accident take place?
Who do you think caused the wrongful death?
Could there be another causal factor that you are unaware of?
Who saw what happened?
It could be that some of the above questions don’t quite fit your situation. This is quite understandable. Wrongful death cases can arise from a variety of situations, including car accidents, slips and falls, medical malpractice, workplace accidents, use of defective products, and more.
No matter how your loved one came to pass, and whether or not you are sure you have a solid potential claim, come talk to the compassionate wrongful death attorneys at Hill & Moin LLP. We can identify and narrow down the best possible options for you.
Working Hard on Your Behalf
Please be aware that it is incredibly difficult to represent a personal injury case – even what may seem like a straightforward wrongful death lawsuit – on your own. Deadlines need to be met. Extensive documentation must be prepared.
To meet these challenges, you can put our time and efforts to work for you. Experienced New York wrongful death lawyers, including those at Hill & Moin LLP, have what it takes to make the most of your wrongful death lawsuit, protect your rights, seek justice for your family, and take your case all the way to court if necessary.
No need to worry – despite any challenges or complications that you anticipate regarding your potential wrongful death claim, we can give you ways to tackle those obstacles.
When Hill & Moin LLP takes on your case, you can also trust us to tell you when to accept an agreement – and when to hold off on signing the settlement papers. To stay informed enough to identify fair compensation, it takes legal knowledge, experience, and skill. That’s why wrongful death lawyers are here to help.
The legal team at Hill & Moin has decades’ worth of know-how that we would like to use to help you come away with a fair amount and a more stable financial situation for your family.
Maximizing Your Wrongful Death Claim by Using Everything At Our Disposal
Together, we can consider who in your family may file a wrongful death claim, how extensive the financial repercussions of your loss have been, and even how much total amount of money you may be entitled to receive. It could be that you qualify to receive a much larger sum than you imagine now.
We know how to maximize your compensation – that’s what makes working with a wrongful death attorney especially worth it. Not only do we have the experience, but we also have the resources and contacts to prepare a solid case in your favor.
For one, wrongful death lawyers know who to call – take expert witnesses, for example. These could be:
Medical experts
Vocational experts
Engineering experts
Forensic experts
Financial experts
Whether your case goes all the way to trial or not, the testimony of doctors or nurses can be useful in establishing the medical facts of a wrongful death case. In the case of a tragic car accident, accident reconstructionists are the experts we could call upon to lend their expertise and prove your side of the story.
Your wrongful death lawyer will also be able to take care of gathering all evidence and relevant police reports while you are free to focus on your recovery and on your family’s well-being.
After all, you probably don’t have the energy or mental capacity at this time to handle such a weighty legal matter – so please just leave things to your attorney. This can mean a higher settlement than handling the legalities by yourself.
Addressing All the Complications of Determining Liability
Even the notion of filing a wrongful death lawsuit can feel overwhelming – even impossible. We at Hill & Moin understand such anxiety and reluctance, which is why our attorneys went into the legal profession in the first place – we want to help you and have the ability to lessen your burdens.
After we take on your case, the “pre-litigation” phase continues with us examining every factor of what happened and how your loved one came to pass away. Why? In order to determine liability.
Liability is the main factor that must be established by the evidence. Simply put, the liable party is responsible for your loved one’s death. In New York, this means that the same party is thus legally responsible for compensating you for the resulting financial damages.
The following steps must be taken in order to determine who is liable in your wrongful death case:
Investigation: Gathering documents, interviewing witnesses, and consulting experts
Review of laws and regulations: Your attorney will review the laws and regulations that apply to your case to determine which legal standards and duties may have been violated
Identify the at-fault party: Your attorney will identify the party who is shown to be liable for the wrongful death; this could be an individual, a company, a healthcare provider, a driver, or any entity whose negligence or wrongful actions contributed to the death – maybe even multiple parties are at fault
Establish wrongful conduct: To prove liability, your attorney must demonstrate that the at-fault party was negligent or engaged in wrongful conduct that directly led to the wrongful death; this typically involves showing that the liable party breached a duty of care owed to the deceased
Find causation: It is crucial to establish a direct link between the at-fault party’s actions and the death; your attorney must prove that the negligent or wrongful conduct was a substantial factor in causing the death
Calculate total damages: Your attorney will also work to establish the damages suffered by the surviving family members as a result of the wrongful death; in New York, wrongful death compensation is limited to economic losses such as medical expenses and funeral costs, so you cannot receive emotional damages such as pain and suffering
Clearly, determining liability in a wrongful death case can be complex. Each case is unique, and the specific steps to be taken until resolution may vary based on the situation and the laws of the jurisdiction where the case is filed.
Thus, such situations call for the assistance of an experienced wrongful death lawyer who can build a compelling case on your behalf based on the evidence and legal principles involved.
Could it be that multiple parties share liability in your case? Suppose, for instance, that someone passes away due to being severely injured by a defective product. In such a case, we must look at the designer, manufacturer, and distributor of that product in order to determine the liability of each party. It could be that all three share responsibility for the accident.
In any case, the evidence must show that each party you sue is indeed responsible for what happened.
Once liability has been established, we will know who to file a wrongful death lawsuit against. And so the litigation is finally set in motion.
Seeing a Case Through to Completion
A wrongful death lawsuit, like any legal claim, calls for extensive paperwork to be completed – and all on time. Your wrongful death lawyer can prepare and file the necessary legal documents before the statute of limitations, as set by New York State laws, runs out.
Next, the defense will have the chance to respond to the complaint, either admitting to or denying the allegations. They may also file motions to dismiss the case or seek to have certain allegations dismissed.
From there, both sides of the wrongful death case engage in what is called the “discovery” process, during which they exchange information, documents, and evidence relevant to the case. This phase helps to establish liability and damages further.
Then negotiations can finally begin between the suing and liable parties. The goal is to come to a settlement that both sides can agree on.
It may be possible to reach an agreement on a fair amount of compensation before going so far as a trial in civil court. In fact, this is rather common among civil claims, which include wrongful death cases.
On the other hand, if a settlement cannot be reached in our client’s favor, our wrongful death attorneys are prepared for the next step: going to trial.
Taking Your Case All the Way to Court
Perhaps the liable party is somewhat imposing – a widely acclaimed doctor who performed medical malpractice or a car manufacturer who produced a faulty part that caused a car accident. Regardless, experienced attorneys will not be intimidated to represent you at a civil trial.
Rather, even when a successful out-of-court settlement has been our expectation, you will find that we have prepared for the possibility of an eventual trial anyway.
We will not be caught off guard by the change in the situation. At Hill & Moin, our team members will be ready to evaluate the situation when it comes along, make our recommendation to you, and then let you make the final decision regarding going to trial.
Either way, we will make our recommendation out of care for your best interests. Depending on your situation, you could be awarded a much more fair settlement by the judge or jury. However, there are times when settling out of court is more advantageous – to avoid high litigation costs, for instance.
When a wrongful death lawsuit does go to court, what happens? During the trial, both sides present evidence and arguments to prove or disprove liability and damages.
Your wrongful death lawyer can help show the judge and jury how the evidence backing up your wrongful death claim shows that the responsible party allowed a dangerous condition to exist or develop, or performed negligence in some other way, which led to your loved one’s death.
Finally, a judge or jury will make a determination and issue a verdict. If the defendant is found liable for the wrongful death, then compensation will be awarded to the surviving family members.
As you can see, wrongful death attorneys are the strong advocates you need at a hard time like this. If we take on your case, we work hard to protect your rights and best interests. We want to achieve the ideal outcome for you.
Giving You the Options You Need
“Free advice” is perhaps not as fitting a term as “invaluable advice.” Either way, that’s what you will find at Hill & Moin LLP serving New York.
We offer free consultations to ensure that everyone has a fair chance to get quality legal counsel and guidance. That’s also why we take all cases – including wrongful death claims – on a contingency basis. This means we only get paid when you get compensated.
After all, we don’t want to add to your burdens, whether financial or emotional. Rather, we want to empower you with the options to see you get both justice and compensation – along with peace of mind.
Thus, even if your case does not fall under our jurisdiction, Hill & Moin still has your back. We have a wide network of trusted attorneys and law firms who we can recommend to take on your case when we can’t.
Why is this important? Because we want the best for you. You deserve to have your concerns addressed, needs justified, and compensation maximized.
If we do direct you to another firm, please be assured that we would not make such a recommendation unless we are positive that the law firm we direct you to can serve you as well as our law firm would – with compassion and skill at winning large judgments and settlements for clients.
Finding Compassion and Care for Your Needs
Working with an experienced wrongful death attorney is not only crucial in resolving the financial repercussions of your loss – it also brings you peace of mind.
Let your wrongful death lawyer navigate the entire legal process and protect your rights while you can focus on yourself and on your family. That is certainly what Hill & Moin wants for you.
With attorneys who have become known for making clients feel like they have a “lawyer in the family,” why wouldn’t you want to come speak to Hill & Moin’s attorneys? We have the empathy – in addition to decades of experience and knowledge – to handle your wrongful death case with care and compassion.
Come talk to us to learn whether the Personal Injury Recovery SolutionsⓇ we can offer suit your and your family’s situation. Representatives of our New York City team are standing by 24/7 to take your call, so dial (212) 668-6000 anytime to get a head start on your potential legal case.
On a chilly winter afternoon, Mr. K innocently went out for a stroll around his neighborhood to enjoy the sights of the season. Unbeknownst to him, disaster was waiting just around the corner. Mr. K approached an intersection and entered a crosswalk with permission from the pedestrian traffic signal and began to cross the street. Unexpectedly and without notice, a vehicle entered the crosswalk as well, failing to see Mr. K in the process of crossing the street and striking him down. The collision resulted in serious damage to Mr. K’s health, leaving him with injuries to the left side of his body on his shoulder, wrist, hand, and knee. His injuries were severe enough to warrant the need for reparative surgery. Thankfully for Mr. K, Hill & Moin, LLP was ready to jump into action. Speaking of his experience with the professional and courteous staff of Hill & Moin, he noted that their level of communication went above and beyond his expectations. Whether it was dealing with support staff or the attorneys directly, Mr. K was never left with an unresolved question. As testimony to Mr. K’s claims, Hill & Moin, LLP secured him a significant settlement. With his newfound relief and hope for the future, Mr. K is planning to build his savings account so that he may treat himself to all the little things in life that bring him joy.
Life becomes more difficult after a severe injury. If you were hurt in an accident, we know you must have experienced emotional and physical pain. Seeking pain and suffering damages could help you recover your financial losses and secure stress-relieving solutions for your future.
When you turn to Hill & Moin for help, it feels like relying on a personal injury lawyer in your own family. Because we empathize with your situation, so we focus on recovering more than compensation for the medical bills associated with your physical injuries. We want our clients to know their psychological health is also of utmost importance.
Yet, who can place a price on psychological losses after an accident? After all, pain is subjective. No one understands your exact feelings because every accident victim’s experience differs.
Understanding the Impacts of Emotional Distress
Traumatic experiences, such as those that result in lingering physical pain, can cause emotional distress. For example, one 2023 study found traumatic brain injury (TBI) patients often face depression, anxiety, and sleep problems. Another study confirms that psychological trauma relates to the following aspects of daily life.
Housing and economic circumstances
A principal mental disorder in primary care settings is harmful alcohol use and dependence. Economic crises, such as those caused by costly car accidents, can affect behavioral patterns – how often the victim consumes alcohol, for instance.
One review of empirical evidence found a correlation between financial problems and alcohol-related health conditions. The research suggests that unemployment and lost earnings can worsen drinking problems. If sufferers spend more money on alcohol or lose funds due to alcohol-induced irresponsibility, their economic situation can worsen, setting a vicious cycle in motion.
Social interactions
Depression often accompanies pain and suffering. You might begin to feel low because of the physical and emotional pain caused by your condition. Material losses can also lead to stress, feelings of worthlessness, and other depressive symptoms.
Scientific studies reveal that individuals suffering from depression are more likely to isolate themselves. This habit, in turn, can damage your relationships.
Family life and supportive care relationships
Do you need more help from your family members or friends after your accident? It is not your fault, but pain and suffering can result in undesirable behaviors like uncooperativeness, shouting, or even lashing out violently.
You might need professional care while you recuperate from your injury. Yet, some nursing homes and healthcare centers lack the training, resources, and time to address the consequences of emotional pain. Unequipped caregivers might depend on “the overuse of pharmacological interventions,” a practice associated with neglect and abuse.
How do you know whether you are experiencing emotional distress? Some warning signs are:
Less interest in people, activities, or items since the accident
Reduced energy
Aches and pains that seem unrelated to your injury
Feelings of hopelessness or helplessness
Increased smoking, drinking, or drug use
Excessive feelings of worry or guilt
Suicidal thoughts or crying spells
Difficulty readjusting to home or work duties
Sleeping or eating too much or too little
These symptoms can culminate in post-traumatic stress disorder. However, all pain and suffering are serious. Consult a medical or mental health professional if you suspect that a preventable accident caused or worsened your issues or that of a loved one. Personal injury lawyers can help you pursue non-economic damages for your losses.
Holding the Liable Party Accountable
One purpose of a personal injury lawsuit is to recover damages, also known as losses. A New York personal injury lawyer can seek two types of damages on your behalf: economic and non-economic.
Economic damages
Economic damages are financial losses. For example, common examples of a New York City car accident are:
Property damage (e.g. repair costs for your vehicle, landscaping fees to fix a lawn)
Medical treatment (e.g. emergency room treatment for a broken bone, rehabilitation therapy for dislocated joints)
Medication bills (e.g. painkillers)
Lost wages (e.g. compensation for missed work and sick days)
The liable party’s insurance company could pay for your economic losses if your car accident was the other driver’s fault. For minor car accidents or single-vehicle wrecks, an insurance adjuster from your insurance company will estimate the value of the damage.
How much compensation are you due? Pain and suffering damages are easier to calculate with the help of a New York personal injury attorney.
Contact our New York City law office for a free car accident case review. Our legal team can evaluate your medical records, repair estimates, and employment documents to determine whether your settlement offer is fair.
Non-economic damages
New York courts must determine pain and suffering damages for accident victims. How do you put a dollar amount on pain and suffering?
In a personal injury case, non-economic damages can include intangible losses such as:
Pain and suffering
Inconvenience and diminished life enjoyment
Emotional distress
Loss of familial relationships
In the next section, you will learn two methods of calculating damages for pain and suffering.
Calculating Pain and Suffering Damages
Varying methods of calculating non-economic personal injury claim damages exist. Several factors could influence how your emotional damages are calculated, including where you live. Two methods used in New York are described below.
Multiplier method
In the multiplier method, pain and suffering damages are related to economic damages, like medical expenses. Your experience of pain and suffering is assigned a number, usually between 1.5 and 5. The more severe your physical and psychological injuries, the higher the number should be.
For instance, a severe traumatic brain injury victim might receive a multiplier of 5. On the other hand, someone who suffered a mild TBI might get a lower number, like 1.5 or 2. Then, the number is used to multiply your settlement.
Suppose you are awarded $40,000 for accident losses. If your pain and suffering multiplier is 2, your compensation will be $80,000. However, a multiplier of 5 would make your suffering worth $200,000 financially.
Per diem method
Another method to calculate pain and suffering is per diem, meaning “for each day” in Latin. The per diem method compensates a specific dollar amount for each day of pain and suffering. Courts consider both your past suffering and your life expectancy if your pain is expected to continue.
To illustrate, suppose a New York City car accident 1 year ago caused severe injuries. You suffered constant pain and emotional distress. Personal injuries could seek non-economic damages for 365 days’ worth of pain and suffering under the per diem method.
Maximizing Emotional Damages
Of course, each method to calculate pain and suffering has pros and cons. As a law firm that treats our clients like family, we want your pain and suffering damages to secure your future. So, instead of using the same methods for everyone, we consider the personal circumstances of your case to determine how best to recover compensation in New York courts.
Physical pain
No one doubts that accident victims can suffer great emotional distress and physical pain. The problem for many people, though, is proving pain and suffering.
Documenting your experiences is one way to strengthen your personal injury case. At Hill & Moin, we can let you know how to do this and guide you each step of the way.
Our experienced personal injury lawyers are ready to help you maximize your compensation. Our team can help you substantiate your pain and suffering claims using strategies such as the following.
We might ask you to:
Keep a journal of your daily life, detailing your emotional distress and physical pain. For example, you can rate your pain and suffering on a scale of 1 to 10. You can also describe how your injury relates to your appetite, emotions, and sexual relationship with your partner.
Take pictures of your injuries regularly, recording improvements and setbacks. Record any difficulties your injuries create for you at work. You can also keep copies of performance reviews and attendance records to show how your pain and suffering affect your ability to earn a living.
Avoid posting anything about your accident on social media. Even innocent comments or photographs can hurt your pain and suffering claim.
Medical bills
Winning a personal injury lawsuit involves more than talking about your emotional distress. A strong pain and suffering claim must demonstrate the severity of your injury. A personal injury lawyer can help you get your pain and suffering damages calculated properly.
We can handle challenging tasks to support your personal injury claim, namely:
Locating and identifying the liable party: Some personal injury cases fail because the plaintiff sued the wrong person. It is always a good idea to seek legal counsel before filing a pain and suffering claim. Schedule an appointment with our New York office at your earliest convenience to learn who is responsible for paying your pain and suffering damages.
Requesting copies of your psychiatric and medical records: When recovering from injuries, administrative tasks can be frustrating. You might not know how to call, or you can reach a dead end after being on hold for hours. Let our legal representatives do the hard work of obtaining your documentation.
Acquiring testimony from a medical professional: The opinions of doctors and mental health professionals are well-respected in many pain and suffering cases.
Comparing the results of similar New York law cases: Justice is about fairness. Insurance companies may try to take advantage of you if you don’t know what your pain and suffering damages should be. Why take the risk?
Defining your pain and suffering in legal terms: How you communicate the extent of your injury can significantly impact the success of your pain and suffering claim.
Predicting future medical expenses: Insurers might rush to settle if they suspect your injuries will continue to generate medical bills. Our satisfied past clients can appreciate our dedication to securing their future. We look at how injuries will affect you long-term when calculating pain and suffering damages.
Determining whether the per diem or multiplier method suits you: Find out about the pros and cons of each technique during your personalized case review.
Negotiating better compensation from insurance companies: Experienced lawyers can use their expertise in dealing with insurers.
You might be wondering what you can do while you wait for your personal injury case to be resolved. Stressing about legal matters can worsen your emotional distress, so take care to prioritize your health instead. Let us deal with the tedious paperwork and complicated tasks in the meantime.
Attending your doctor’s appointments and therapy sessions will aid in your recovery. Share your pain and suffering with your doctors and therapists. Doing so will also help prove to New York courts that your pain and suffering are real.
Find Relief With Our Personal Injury Recovery SolutionsⓇ
A personal injury lawyer can quantify your emotional distress damages. Relying on Hill & Moin is like entrusting your legal concerns to an experienced lawyer in your family. Our team of attorneys has more than 50 years of experience with New York law.
Did someone else’s negligence result in an accident? When your injury is not your fault, you deserve compensation for your economic losses and emotional distress.
In New York, you have a limited time to collect compensation for your injury. Once time runs out, you might lose your opportunity to recover pain and suffering damages.
Learn more about getting your pain and suffering damages calculated today. If you are in New York City, we welcome you to visit our law office in person. You can also message us, and we will contact you as soon as possible.
During your free consultation, the team members of the Hill & Moin New York law firm want to hear how your accident injuries impact your daily life. You will also have a chance to learn about what we call Personal Injury Recovery SolutionsⓇ.
Start pursuing the pain and suffering damages you deserve. Our legal representatives are waiting to take your call at (212) 668-6000.
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