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Slip-and-falls are among the most common premises liability cases, but premises liability law goes far beyond slipping, tripping, and falling. Premises liability refers to the duty of care that property owners have towards others.

Some property owners neglect their responsibilities, which could lead to property damage and serious injuries. When this happens in New York, victims can contact the personal injury lawyers of Hill & Moin to learn their legal options.

Most Common Types of Premises Liability Cases

What are the most common premises liability claims?

• Slip and fall injuries: Though people fall for many reasons, some of them are preventable. For instance, if employees do not clean spills promptly or fail to warn customers of wet floors, an injured individual could pursue personal injury damages. If negligence played a role in an accident, the responsible party could be held liable.

• Poisonings or exposure to toxic materials: Sometimes, people get sick because they have been exposed to toxins or fumes at work or in a rented house. Common environmental toxins include carbon monoxide, asbestos, lead, and pesticides.

• Construction accidents: You could benefit from professional guidance every step of the way when you hire a personal injury attorney after a construction accident. Our knowledgeable legal team has assisted clients in navigating the complex workers’ compensation system, even undocumented workers. We can also give you additional options in the case your claim was recently denied. As a visitor to a construction site, you have rights too. Call (212) 668-6000 for a free case evaluation.

• Elevator or escalator accidents: Elevators and similar machinery require continual maintenance to function well. Suppose a business owner, for example, does not inspect and repair an elevator on a regular basis. In that case, he or she could face a personal injury lawsuit if someone is hurt in the elevator.

• Fire injuries: In New York, buildings must meet fire safety codes. A property owner who ignores these regulations could put people’s lives in danger.

• Dog bites: Did a dog attack you or your child in New York? You may sue the dog owner to seek damages, such as medical costs and veterinary bills, if a dangerous dog bit you. To learn your rights, request a free legal consultation today.

• Inadequate security: Diligent property owners do what they can to keep their land or buildings safe. Broken or missing cameras and locks or poor lighting can add up to a dangerous situation for people visiting the property. If employees or customers sustain injuries during a robbery, assault, or act of vandalism, New Yorkers can contact our law firm to receive a free consultation. There’s no obligation to hire us, and you could discover that you are due significant compensation.

Of course, there are many other cases that may be covered by premises liability law but are not mentioned in this list. Why not send a message to let us know about your case?

Common Damages Your Claim Could Pursue

Your confidential case review could reveal that you are eligible for financial compensation, such as:

• Medical expenses: If you’re injured in an accident, the first step after is to seek medical attention. But many people underestimate the impact of medical bills after a premises liability accident. In addition to causing unnecessary stress, medical debt may ruin your credit score for years in the future.

• Lost wages: Hill & Moin attorneys understand that each day matters when you are struggling to support your family. When you miss work because of your injuries, a premises liability settlement could pay for a significant portion of your lost wages.

• Psychological injuries: Physical pain and the trauma of an accident can affect your emotional and mental well-being. The experienced lawyers across our network can help you investigate your legal remedies for compensation.

• Property damage: If your car or house got damaged in a premises liability accident, you could seek financial compensation for repairs or the replacement value.

• Funeral and burial costs: When someone dies in a premises liability accident, surviving family members may file a wrongful death claim to cover reasonable expenses for a funeral service.

The Time You Have Left To File a Claim Depends On Your Case

In New York, premises liability lawsuits are subject to a deadline called the statute of limitations. After a specific period of time passes, you could lose your eligibility to pursue justice and financial compensation for your case. You have the right to sue for proper compensation, but time could run out if you wait too long.

You may have more or less time to act when compared with other premises liability claims. It all depends. The statute of limitations differs by circumstances, and a knowledgeable attorney can explain these to you.

On behalf of our clients, we have won lawsuits that paid for thousands of dollars of past and future medical treatment and rehabilitation costs. Would you like to secure your future?

The sooner you contact Hill & Moin personal injury lawyers, the sooner you can learn how our Personal Injury Recovery SolutionsⓇ can work for you. Reach out to us at (212) 668-6000 or fill out the brief contact form. Don’t wonder about your rights!

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Workers are injured every day in New York. From construction accidents to office injuries, workplace injuries can cause severe harm. In New York, workers’ compensation law is usually the key to on-the-job injuries.

Known as the “exclusive remedy” for workplace injuries, workers’ compensation is one of few ways that injured employees may seek financial relief for their pain and suffering. Employers must pay for workers’ compensation insurance, and they are, in turn, immune from injury lawsuits. That means that if you’re injured at work, most of the time you can’t sue a co-worker or your employer for any negligence that may have caused your injury.

The workers’ comp system can be mutually beneficial for both employee and employer, as the benefits should begin right away and no further legal action is required. The injured employees at the average workplace would have no need to sue their employer or coworkers, while there are some notable exceptions.

When Workers’ Compensation is Not Enough

In New York, it is extremely rare for an injured employee to sue an employer. Usually, the employee would pursue a workers’ compensation claim through the employer’s insurer, and even if denied the first time, the worker can appeal and may eventually get the compensation to which he or she is entitled.

However, in some extreme cases, an employee may file suit against his or her employer. There are two instances in which we might advise our client to sue the employer:

1. 1. The employer caused the injury intentionally. While this is very rare, your employer may have intended to cause you harm and acted in such a way with the express intention of hurting you. If so, you may sue your employer for damages. Negligence, though, is not enough to file a suit against your employer.
   2. The employer is not sufficiently insured. If your employer does not have adequate workers’ compensation coverage or perhaps any at all, you may be able to file a lawsuit against your employer. This would allow you to receive the damages that you would normally have received through the workers’ compensation process.

While these two instances are very rare, they do happen. The best thing in any scenario involving failing to receive your workers’ compensation would be to speak to an experienced lawyer.

Suing Versus Filing a Claim – The Difference

Many people think that filing a workers’ compensation claim and suing an employer are the same thing. These are, in fact, two very different actions. Going through the workers’ comp process involves dealing with the employer’s insurance company and may not involve lawyers nor a court of law. Suing your employer, on the other hand, means that you file a personal injury lawsuit against the entity or person that employs you.

In a perfect world, workers’ comp is done quickly and internally, while you get all the help and financial support that you need for your recovery. In reality, though, there are often times when employees are not given the amount of compensation or time off that they deserve. Worst case scenario – an employee may have his or her claim denied and the employer’s insurance company may refuse to pay them any benefits.

It’s at this point that some people would want to sue their employer. However, under workers’ compensation law, that is not the next step. Rather, you can appeal the decision through the New York State Workers’ Compensation Board. Before going through with your appeal, it’s always a good idea to get legal advice from a workers’ compensation lawyer who knows how the process works in New York.

Workers’ compensation claims can usually be resolved through the appeals process before the workers’ compensation board. However, as previously mentioned, if the employer’s insurance is inadequate, or the employer deliberately tried to cause harm to the employee, then – and only then – can the employee sue his or her employer. 

Help On Your Journey to Compensation

Any claim or lawsuit can seem daunting on your own. You know that you may be entitled to compensation for your workplace injuries, but you could be unsure as to how to get it. That’s where Hill & Moin comes in.

Our New York workers’ compensation lawyers are compassionate and knowledgeable. Dealing with our firm is like having a lawyer in the family. No question is too small and no case is too complex.

We want to answer your questions and help you get the compensation you deserve. Even if you are an undocumented worker, we can help you pursue workers’ compensation by law at no risk to you.

Dealing with workers’ compensation in New York is a challenge, and you might be wondering whether you even have a solid potential lawsuit against your employer. Help is here for the taking – don’t hesitate to get in touch with Hill & Moin’s workers’ compensation attorneys in a free consultation.

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Negligence is the failure to take proper care. Sometimes, one party’s negligence results in damage or injury to another person. In the eyes of the law, the negligent party is liable for his or her (or their) harmful actions.

As a New Yorker, the law offers you protections that enable you to seek justice if you were injured on someone else’s property. The responsibility of property owners is governed by premises liability law. Yet, is there a difference between premises liability and negligence?

First, you should understand the similarities. Negligence and premises liability are both legal terms used in personal injury law. Both may involve the failure of one party to act as one would reasonably expect under a certain set of circumstances.

What You Need to Know About Negligence Claims

Negligence may be a factor in nearly any type of personal injury claim, from car accidents to medical malpractice. If someone (the defendant) acted negligently by accident, a personal injury lawyer could take legal action to seek justice for the victim (the plaintiff).

In any case, an attorney would base a negligence claim on at least four essential components:

• The plaintiff suffered an injury or a loss. When people or organizations make illegal mistakes, they might face legal consequences. For instance, they may pay a fine, forfeit a privilege, or spend time in jail. Yet, if their actions did you no harm, you cannot sue for financial compensation.

• The defendant owed a legal duty to the plaintiff. The relationship between the defendant and the plaintiff matters. The duty of a physician, for example, is to provide competent medical care for patients. Another person, on the other hand, would not owe the same duty to you that a doctor would. Thus, he or she would not have the same liability under the law.

• The defendant breached the duty. To breach a duty means failing to fail to live up to responsibility, whether by law, contract, agreement, or code of conduct. Courts determine whether or not the defendant did (or failed to do) something that a reasonable person would have done in a similar situation.

• The breach caused the plaintiff’s injury. Negligence, rather than any other factor, must have caused the injury. A court would also consider whether the damage was foreseeable or not. People could expect, for example, that driving drunk would endanger the lives of other motorists. Yet, hardly anyone could predict a sudden landslide would obstruct a lane of the highway.

Evaluating these requirements is a complex process. People could easily miss out on winning the compensation they deserve unless they have help. Our experienced legal team would be happy to evaluate your claim for free.

How To Understand Premises Liability Claims

Then, what is premises liability? This set of laws specifically governs property owners, their premises, and the people who might enter their properties. In court, the condition of the property influences the decision. If the dangerous condition was foreseeable but the defendant did nothing to prevent an accident, then you have the determining factor right there.

Simply put, lawyers use the following factors to establish premises liability claims:

• The defendant controlled the property. Was the property in the care of the person who caused the accident? For instance, did he or she own, lease, or live in the property where you got hurt? A personal injury lawyer investigates to determine which party had an obligation to maintain the property and warn others of foreseeable hazards.

• The defendant was negligent. Next, attorneys need to establish the property owners’ negligence. Did they fail to perform regular inspections, post warnings, and fix dangerous issues? Proving that the defendant did not look after his or her responsibilities despite foreseeable hazards is crucial for a premises liability case in New York.

• The defendant’s negligence caused your injury. Your injury must be due to the owner’s negligence. If the injury happened because of another factor or at another location, your claim would be invalid.

Each state has its own laws about premises liability. So, what applies to legal actions in other states might not apply to a New York case. As you may imagine, hiring a New York law firm with the right experience could be the difference between a successful and unsuccessful local claim.

Get Your Questions Answered

What to do if you slip and fall a store? Or on a public property? How can you be sure what kind of legal claim you have? At Hill & Moin, our clients are like family. We offer New York residents free case evaluations. During your session, we can determine whether you have a premises liability or another negligence case. Call (212) 668-6000 at your earliest convenience to schedule an appointment.

Our telephone lines are open 24 hours a day because getting in touch with us is urgent. Both premises liability and negligence claims are subject to a strict deadline set by the State of New York. If you hesitate too long after a personal injury incident, you could lose the opportunity to get extraordinary results.

As a New Yorker, pursuing your rights after a personal injury accident could secure your future and restore your peace of mind. Whether you have a negligence or premises liability claim on your hands, our legal team can lighten your load by implementing our Personal Injury Recovery SolutionsⓇ to get extraordinary results. Don’t wonder about your rights! Schedule your free consultation today.

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No matter where you look – billboards, TV commercials, or on the radio, there is never a shortage of ads for personal injury lawyers in New York. When we imagine personal injury cases, the first thing that may come to mind is motor vehicle accidents or similar incidents that result in severe injuries including paralysis, a loss of limbs, or death. 

In reality, the scope of personal injury claims is much larger, extending even to harm resulting from a hazard on someone else’s property. These claims are referred to as premises liability, which has largely been established by common law. Let’s discuss “common law” and take a closer look at premises liability cases and the series of laws that govern them. 

A Background On Premises Liability

When you are visiting a public or private property, it is only natural to act on the assumption that the area will be clear of hazards, well maintained and cared for. At the same time, it may be true that there are some potential hazards that cannot be removed completely. In any case, keep an eye out for warning signs that should be visible so you can avoid the dangers and keep safe.

The responsibility of property owners and managers is called a “duty of care” – meaning that they owe it to you to keep the property safe. A premises liability claim or lawsuit can be made if a property owner’s negligence (or perhaps the business owner, property manager, or another party – depending on the circumstances of the case) caused injuries to a guest or visitor to the property. 

The Difference Between Common Law and Statutory Law

Within the sphere of law, there are two fundamental parts: common law and statutory law. When thinking of the term “common law,” most likely the next word that comes to mind is “spouse.” In reality, though, common law refers to a set of laws that have come into existence through precedent – or previous rulings found in court that set the basis for future decisions. 

With that definition in mind, the term “common law marriage” makes sense. It is not a marriage in an official sense (being without a marriage license) but is recognized as a marriage in the eyes of the courts for certain cases. 

Statutory law, on the other hand, is a series of written laws passed by the legislature, otherwise known as legislation. These laws are well-established and pre-determined, rather than relying on a judge to set a legal precedent for future cases. 

Premises Liability Cases Are Usually Common Law Cases

As a general rule, “tort law,” which includes cases such as negligence, defamation, and personal injuries, falls under the category of common law. Instead of being a series of official, written laws, judges have (over time) constructed a number of rules and principles that govern these cases to hold individuals accountable for their actions that caused harm to someone else. 

Since premises liability cases generally fall under negligence, they are considered to be common law cases. However, there are some cases where the property owner has a statutory obligation to the victim. 

For example, municipalities generally have a Housing Code in effect to protect tenants. These Housing Codes are legally binding laws, and they include the responsibility of landlords to provide a safe living environment. If a landlord fails to meet the minimum standards put in place and this results in an injury, he or she is liable under the common law principle of premises liability, as well as the statutory law set out under the Housing Code. 

As seen, there are many nuances at play when dealing with common law cases. Lawyers who have experience with premises liability cases are well-versed in both common law and statutory law principles for the State of New York. 

Premises Liability Claims in New York

Take, for example, a common type of premises liability claim: slip-and-falls. These can happen for different reasons, on uneven walkways or defective steps. During the long winter months, snow and ice can pile up on sidewalks and walkways, increasing the danger of serious slips that can lead to injuries. People slip every day, but many do not seek medical attention for such embarrassing, seemingly minor mishaps.

According to the National Floor Safety Institute, falls alone account for over 8 million trips to the emergency room in the United States each year, which represents the leading cause of ER visits. Of course, there are countless other injuries that do not result in an immediate visit to the hospital but may still require medical attention. Many people feel fine and fail to visit a doctor after what seemed to be a minor fall but start to feel the effects in the days or weeks that follow. 

Types of premises liability claims

While slip-and-falls may be the most common type of premises liability claims, personal injury lawyers see many different types of premises liability cases, including: 

• Elevator accidents
• Dog bites
• Falling hazards
• Defective signs

How common law may apply

Of course, not all situations where someone is injured on public or private property are eligible for a premises liability claim. Since common law varies from state to state, the requirements to establish a case may vary by location. 

Common law principles require two factors to be true in order to successfully file a premises liability claim or lawsuit in New York:

1. A condition or hazard on the property caused an injury
2. The dangerous condition was foreseeable
3. The liable party either caused the hazard, knew about it and did not fix it, or failed to provide appropriate warnings to avoid the hazard

When working on a premises liability case, personal injury lawyers build and analyze evidence to prove these claims and hold the right parties liable after an accident. 

When to File a Premises Liability Claim

Filing a premises liability claim with an insurance company or filing a personal injury lawsuit for damages is not often the first thought after suffering an injury on someone else’s property. The problem is, though, that the injuries suffered can cause a serious financial burden for the victim and impact his or her quality of life. 

In order to receive fair compensation for the physical and emotional damages caused by the accident, you should examine your legal options. A lawyer can determine whether your accident was the result of someone else’s negligence and what to do next. 

Many injury victims are not fully aware of the laws in New York surrounding premises liability, including who can be found liable, how it must be proven, and how much time the law allows for a case to be filed. It can help to have a “lawyer in the family,” as Hill & Moin has been described. A free, no-obligation consultation with our firm could be just what you need to understand your legal rights after an accident. 

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As much as we would wish it to be otherwise, the homes we live in, the businesses we shop at, and the public areas we visit are not inherently free of danger. How many times has an uneven step or icy walk caused a near-miss or minor fall? 

These incidents are far too common, but thankfully, the majority of these do not result in serious injury. Rather, we may have laughed at the situation, maybe feeling slightly embarrassed and hoping nobody was nearby to witness the incident. 

Of course, the best way to prevent an accident in the first place is to fix the hazardous condition before someone gets hurt. Many cities have a process in place to report unsafe building conditions so they can be addressed and fixed. For example, in New York, a quality and safety report (also known as a premises liability complaint) can be completed online.

Let’s take a look at when to file a complaint, the claims process that may follow, and who can be held responsible after an injury on someone else’s property.

When Should a Quality or Safety Report Be Filed?

If you have noticed a potential hazard on a property, the first step to take is to talk to the owner or manager, who perhaps has not yet noticed the issue and may promptly fix the problem. On the other hand, if the landlord or property owner does not seem to take the issue seriously or does not take the needed steps to remove the hazard in a timely fashion, you can take further action.

A quality and safety report can be filed to make sure the issue is addressed. Depending on the seriousness of the safety issue, the owner will have time from 24 hours to up to 90 days to fix the problem. If the issue is not resolved within the appropriate time frame, the complaint remains on the property record. 

Unfortunately, though, one online government record shows that many buildings in New York have open safety reports which have not yet been fixed. It is no wonder then that hundreds of New Yorkers suffer an injury while visiting public or private property each year. When a person has been injured due to a safety hazard, filing a complaint may simply not be enough. 

The Premises Liability Claims Process

After an injury, a claim can be filed with the insurance company to recover the financial damages, such as medical bills or lost wages. In many cases, though, insurance companies deny a claim outright to save money.

A personal injury victim would be wise to hire an experienced lawyer for help. The first step the lawyer would take is to prepare a claim which explains the situation, including the negligence, injuries, and damages. Your legal claim will be much stronger if you have professional assistance.

This initial complaint could lead to a lawsuit if the insurance company is unwilling to offer fair compensation. In many of these cases, personal injury lawyers are able to receive a settlement for the victim before the lawsuit goes to court. Not only do premises liability claims allow the victim to receive compensation for his injuries, but they can also hold the at-fault party responsible for the damages their negligence caused. 

Who Can Be Held Responsible For Premises Liability Claims?

Understanding and proving fault after sustaining a personal injury on someone else’s property is not always straightforward. Of course, a potentially liable party may not be willing to accept responsibility for the accident and may try to point the blame elsewhere – including the victim himself. 

Depending on the situation, a premises liability case can lead to a personal lawsuit against the owner or a claim filed with the owner’s insurance company. 

When property owners are liable

In order to prove that the property owner is at fault for the injuries sustained on the property, it must be shown that the hazardous condition at the property caused the accident and that the owner was negligent. That means that either he or she knew about the hazard and did not fix it, or there were insufficient warnings in place to prevent a foreseeable accident. 

When property managers are liable

Certain companies are contracted to maintain a property. This may include keeping it clean and clear from tripping hazards, removing snow and ice, or performing other regular maintenance to ensure the safety of any tenants or visitors. If these individuals or companies do not fulfill their contractual obligation to properly maintain the property so it is free of foreseeable hazards, they may be liable for injuries in a premises liability case. 

When the municipality is liable

Not all injuries happen on private property. For example, while many sidewalks in New York are the responsibility of the adjacent property owner; some sidewalks are public property, making the maintenance and upkeep the responsibility of the municipality. 

When the municipal government is found to be at fault in a premises liability case, there are often special considerations and rules in place on how it may be sued for damages. Since these claims can be complex, many personal injury victims rely on the help of a qualified and experienced attorney to help them fight for a fair settlement. 

Premises Liability Complaints in New York

When property owners neglect to care for the proper upkeep and maintenance of their properties, they are putting fellow New York residents at risk. But we can prevent those risks from coming to fruition by reporting unsafe building conditions or other hazards – we can do our part to keep ourselves and our neighbors safe. 

However, when an accident has taken place and someone has been injured due to negligence, the liable party should be held accountable for what happened. Premises liability cases allow the victim to recover fair compensation for his or her damages and show property owners that there are consequences when they fail to live up to their duty to the community. 

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It was a normal day at work for Jose, a union construction worker and truck driver. He was loading the back of his truck with construction materials, as he had many times before. This time, though, he was bumped by the materials being loaded, and he lost his balance and fell. He sustained major neck, back, and shoulder injuries resulting in surgery. 

It could have been quite different for Jose. His employer could have provided him with the necessary safety equipment required by New York law, and then he would not have had to worry over where his next paycheck would come from. Jose needed help – the help of a professional workers’ compensation attorney familiar with construction accidents. 

At Hill & Moin, we have helped thousands of injured workers get the benefits they deserve by means of the workers’ compensation system. This complicated process, often traversed by workers unaided by their employers, can leave an injured employee feeling helpless. Your load can be greatly reduced by working with experienced attorneys who know what they are doing.

What is Workers’ Compensation Insurance?

New York was one of the first states to adopt a workers’ compensation program. Essentially, it was a win-win for both employers and employees. Hurt workers would automatically get medical care and wage benefits. In exchange, they would not be able to file suit against their employer. 

The beauty of this kind of system is that it operates on a “no-fault” basis. That means that it doesn’t matter whether you accidentally caused your injury by being careless or your employer was negligent in some way – you receive the same amount of benefits no matter what. 

Employers often buy work comp insurance, and nearly all are required to carry it. That way, when you file a claim for workers’ comp benefits, the employer’s premiums underwrite the expenses of the insurance company. That’s where things can get tricky, though. 

Insurers and employers alike try to avoid paying out benefits whenever possible. So just filing a claim does not mean that you will automatically get the full amount of benefits you deserve. A study of New York businesses estimated that dishonest employers are saving $1 billion a year in payments to injured workers who are getting less than they deserve. You don’t have to be one of those workers!

What Should I Do When I’m Injured on the Job?

This process can be long and complex. By following the following guidelines, you can increase your chances of receiving the compensation you deserve: 

1. Go to the hospital and seek medical treatment for your injuries (it may be necessary to go to the place your employer has designated for work-related injuries)
2. Inform your supervisor officially about the accident
3. Speak to a lawyer about your claim
4. File a workers’ compensation claim with the New York Workers’ Compensation Board
5. Ask for your medical reports from the physician handling your case

It’s key, however, that you speak to a lawyer before you file your claim, as an experienced attorney is able to make sure to “dot the i’s and cross the t’s,” so to speak, before you submit the paperwork. Avoiding minor errors and novice mistakes gives you a higher chance that your claim will be accepted the first time around. 

During this overwhelming time, you deserve professionalism that will give you the confidence to pursue your legal remedies for compensation to secure your future. The workers’ comp process is daunting, but you should not have to go through it alone. 

Why is the Work Comp System So Complex?

Oftentimes, a person doesn’t think about the workers’ compensation system until he or she is injured on the job. At that point, they become one of the some 140,000 new cases a year filed with the New York Workers’ Compensation Board. Most of these cases take months or even years to resolve due to the backlog. 

Workers’ comp hearing rooms are filled with injured people, a vast number of which being physical laborers who need their paychecks to get by. Some people give up before the point of having a hearing due to frustration because of delays, or they worry about being deported if they are undocumented. 

The system is hard to navigate alone, and even when successful in receiving some benefits, some who filed without the help of a lawyer may find that the awarded amount is less than what he or she truly deserves. However, you should not give up – there is help out there. Remember, at Hill & Moin, it’s like you already have a lawyer in your family.

Hill & Moin also stands by undocumented workers. If you are an undocumented worker, you have rights by work comp law. What’s more, you do not need to fear that coming to us risks deportation.

What is the Best Way to Get the Workers’ Comp Benefits I Deserve?

Remember Jose who needed surgery due to a lack of safety equipment provided by his employer? What happened to him? The skilled and experienced workers’ compensation attorneys at Hill & Moin obtained a $625,000 settlement for Jose. 

Our statewide network of experienced attorneys can help you get the compensation you deserve, too. With our extensive workers’ comp claims experience, aggressive representation style, and professional legal guidance, we intend to get you the best possible result on your claim. Beyond that, working with us is like having a lawyer in your family. 

So do you need a lawyer for a workers’ comp claim? The choice is yours. Our legal team is standing by 24/7 to help. 

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People work to provide their families with life’s necessities. A career might also teach employees new skills, keep them busy, and allow opportunities for social interaction. And when workers are good at what they do, completing tasks can boost their self-esteem and sense of well-being.

If you enjoyed your job or needed it as a means of support, your work-related accident must have dealt a large blow. Besides the pain of your injuries, you might be suffering from worry and distress. Are you wondering how you will cover your medical expenses or what you will do if you cannot return to work?

At Hill & Moin, we want to do what we can to help you get back on track. We know how nerve-wracking accidents can be, and trying to figure out the confusing New York workers’ compensation system might only add more anxiety to your life.

The Benefits of Having a Work Comp Lawyer On Your Side

At the New York law firm of Hill & Moin LLP, our attorneys treat you like family. So, what if you had a lawyer in your family? Let’s talk about what happens when you hire a workers’ compensation lawyer who cares about you.

You will have the peace of mind that comes from understanding your legal options

Workers’ compensation laws are complex. They vary depending on where you live. Therefore, an employer might not have correct or current information to share with an injured worker.

On the other hand, our law firm stays abreast of changing New York workers’ comp laws to ensure that each of our clients has the information they need to understand their legal rights. To name a few, you have the right to file a claim if you were hurt at work and get medical treatment for your injuries. If your employer or insurance company makes a decision you think is wrong, then you may have the right to appeal.

Deadlines might not be as scary

Almost everything about your workers’ compensation benefits is time-sensitive. For instance, you must seek medical treatment as soon as possible after an accident at the workplace. Next, you need to provide written notification to your employer within a certain amount of time. If you wait too long for either of these steps, you could lose your right to claim benefits for your injury.

You must also prepare and submit documentation to your employer’s insurance carrier and the New York Workers’ Compensation Board. If your claim is denied, you have limited time to appeal the decision.

When you are recovering from an injury, these deadlines may seem impossible to keep track of and meet on time. When you hire us, though, our workers’ compensation lawyers work quickly to prepare the proper documents to be turned in by these important deadlines.

Why fret over relentless time constraints? Let an experienced attorney handle your claim while you focus on your health and psychological well-being.

You will have someone knowledgeable to check the accuracy and completeness of applications

Some claims are denied, not because they are invalid, but because the documentation was not submitted properly. In other cases, families wait longer than they should because they have to fix small errors in their paperwork. After all, it’s easy to miss a detail when you are not familiar with the process of filing work injury claims in New York.

The law firm of Hill & Moin has over 60 years of legal experience. When we handle workers’ comp claims, we know what evidence we need and how to gather it. We are intimately familiar with every detail of the application process. Above all, our attorneys can make sure your applications are completed accurately and on time.

You can find out what amount of benefits you qualify to receive

Workers’ compensation provides injured employees like you with 3 types of benefits. Your healthcare benefits provide medical, dental, surgical, and optometric care. It also covers qualifying assistive devices and prescription drugs.

You may miss out on eligible benefits if you pay your hospital or healthcare costs yourself. It is vital to understand what bills you are responsible to pay and which ones are covered by workers’ compensation insurance.

Lost wage benefits are the second provision of workers’ compensation. If your injury or illness keeps you away from work for 7 days or more, you should be able to get a portion of your lost wages back. You are also eligible if your condition results in fewer hours or a lesser-paying change in position.

Lastly, the spouse and minor children of a fatally injured worker might be entitled to weekly cash benefits. The amount the family receives is based on the deceased workers’ previous wages. If there are no spouses or dependents, the surviving parents or the estate can receive payment.

You will have support for every step of the claims process

Many people wait until they have a problem to consult with a workplace accident attorney. Yet, by taking advantage of your free case evaluation, you could avoid some serious legal pitfalls.

If you are looking for legal representation because your claim was denied, we would be happy to evaluate your case. If necessary, we can revise your case, troubleshoot problems, and build a strong appeal. During your hearing, having an attorney on your side could help you secure your future.

Tell us your story during your free legal consultation. Call (212) 668-6000 at any time or fill out this brief form to schedule your confidential initial consultation at no cost. We look forward to helping you set up your workers’ compensation benefits so that you can focus on your recovery and get better as soon as possible.

Recover Faster With Support From Our Network of Trusted Attorneys

The New York workers’ compensation system is designed to protect you when you suffer a work-related injury. Yet, insurance companies and employers might put their own interests ahead of yours.

With Hill & Moin Personal Injury Recovery SolutionsⓇ, you can be confident that you will be working with an attorney who cares about getting you the financial compensation you need to support yourself and your family.

Hill & Moin also works with undocumented workers, so please don’t hesitate to contact us. We are a firm trusted statewide by undocumented workers whose rights have been upheld by our services.

Don’t wonder about your rights! Call (212) 668-6000 today.

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What would a settlement from a nursing home lawsuit mean to you? For some families, their principal motivation is to pursue justice for their loved ones. Others need financial compensation to lift the economic toll of medical bills or death expenses. Still others want to send a clear message to negligent nursing home facilities that abuse will not be tolerated.

No matter your main goal, you likely want to come through the process with both speed and success. This is understandable. So let us explain how long it may take to settle your case.

Defining Legal Terms To Understand Your Lawsuit

Before discussing the factors that might influence the length of your nursing home lawsuit, here are some definitions that might help you:

• State courts: New York, like every state in the nation, has a court system that decides criminal and civil cases

• Federal courts: Rarely, certain cases are referred to the US Supreme Court, which is a part of the federal court system

• Attorney (lawyer): Attorneys give legal advice and represent people in court

• Lawsuit: A lawsuit is a case brought before a court of law when one party has a complaint against another party

• Damages: In personal injury law, damages are harm or injury that affects a person (or organization) or property

• Compensation: Compensation is a financial award given to cover damages or as a punishment for wrongdoing

• Appeal: Parties have a limited amount of time to contest the ruling in a higher court if they meet specific requirements

• Settlement: A settlement is when the parties being brought before a court of law agree to compensation and other terms in exchange for the complaining party to drop the case

The legal system is complex, so many people turn to personal injury lawyers for help in understanding and protecting their rights. At Hill & Moin, we have over 40 years of experience representing New Yorkers with extraordinary success. Since we care about our clients, hiring us is like having an attorney in the family.

Factors That Determine the Length of a Lawsuit

Besides pain and suffering, nursing home abuse and neglect cases often cause a financial strain for victims and their families. Are you struggling under the burden of medical bills or the cost of moving your relative to a new residential care facility? Or has the worst happened and you now need the means to provide a dignified funeral and burial service for your loved one?

When you consult with Hill & Moin, you can be confident that our New York nursing home neglect and abuse lawyers understand the urgency of your situation. We will have the common goal of pursuing compensation while avoiding unnecessary delays.

How long it takes to settle a nursing home lawsuit depends on various factors:

• How soon you contact us: At the New York law firm of Hill & Moin LLP, our network of attorneys do all they can to review cases and advise our clients of their legal options promptly. Yet, you need to get in touch with us so we can help you. Our telephone lines are open 24/7 at (212) 668-6000, or you can fill out the case evaluation form to schedule your free initial consultation. 

• How complex your lawsuit is: In some cases, evidence is clear, and liable parties are willing to settle quickly. In others, extensive investigation is necessary to build a strong case, or responsible parties are uncooperative. In these circumstances, court action might be required to seek compensatory damages for your losses. Cases heard in federal court could last longer than lawsuits tried at state level. 

• Whether or not there is an appeal: If either you or the other party contests a court decision, an appeal might have to take place before the lawsuit reaches a settlement.

• How deadlines affect your case: The State of New York sets a statute of limitations (a deadline) on how long you have after a personal injury occurs to take legal action. Insurance companies also require claimants to file paperwork within a certain timeframe. At our law firm and throughout our trusted statewide network, experienced lawyers can provide valuable assistance and resources to support clients in meeting essential deadlines.

Why You Need to Consult an Attorney to Find Out

Every case is different, so it is impossible to determine how long can a personal injury lawsuit take without examining your specific case personally. We would love to hear from you.

If you or someone you love has been injured in a nursing home, you could qualify to receive Hill & Moin’s Personal Injury Recovery SolutionsⓇ. With our attorneys looking out for your interests, you can rest assured that you are doing what you can to settle your case as soon as possible.

At Hill & Moin, we have won life-changing settlements for New York residents over the past 40 years. We understand the value of getting justice, enacting change, and freeing victims from the crushing weight of medical debt. Our clients are like part of our family.

If we or one of the law firms in our trusted network take your case, you can be sure that you will be working with a law firm that cares about you. So don’t wonder about your rights! Call us today.

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When you have a legal problem or need reliable advice on how to protect your rights, you would be wise to consult a lawyer. Lawyers (or attorneys) are professionals who are trained and educated in the law.

What sort of lawyer should you speak to, though? There are many different types of lawyers in New York, including:

• Estate planning
• Bankruptcy
• Corporate
• Immigration
• Intellectual property
• Criminal
• Tax
• Personal injury

Have you or someone you care about experienced nursing home abuse? You need a personal injury lawyer.

Why You Need a Personal Injury Lawyer

Personal injury claims seek compensation for damages caused by someone else’s negligence or abuse. For instance, a driver might seek the costs of car repairs and medical bills from the motorist who caused a car accident. A consumer might sue a manufacturer for injuries caused by a defective product.

In the case of nursing home abuse, Hill & Moin’s personal injury lawyers are able to seek justice and financial compensation on behalf of those abused and neglected in assisted living facilities.

How to Recognize Nursing Home Abuse

Nursing home abuse comes in various forms, including:

• Physical abuse occurs when someone causes bodily harm to nursing home patients. Hair-pulling, slapping, kicking, or throwing objects are examples of abusive behaviors that are often done on purpose. Other harmful behaviors could be unintentional, such as when a busy caregiver handles a fragile resident too roughly, resulting in bruises or scratches.

• The use of restraints to hold someone against his or her will is another form of physical abuse. A patient should never be locked in a room, gagged, or tied to furniture as a means of control. Of course, if a patient needs to be isolated or restrained for medical reasons, staff should follow guidelines set under medical supervision. Caregivers must follow doctors’ orders in relation to prescription medication. They should not overmedicate residents nor prevent those under their care from taking prescription drugs in order to manipulate behavior.

• Sexual abuse involves unwanted sexual activities of any kind with a care facility resident. Many patients are especially vulnerable because of mental, emotional, or physical conditions that make consent impossible. Non-physical acts, such as exposing oneself, threatening rape, or forcing someone to watch pornography, are also unacceptable forms of sexual behavior.

• Emotional and verbal abuse includes name-calling, vulgar speech, humiliation, and threats. It might be accompanied by physical acts meant to evoke fear or cause harm, such as damaging belongings, withholding food and drink, or isolating the person from family and friends.

• Neglect happens when caregivers refuse to or cannot meet patients’ physical, social, or healthcare needs.

If you feel something is wrong, trust your instincts. Call 911 if someone is in immediate danger.

Why You Should Respond Immediately to Suspected Abuse

For more than 60 years, our law firm’s compassionate personal injury lawyers have assisted the victims of nursing home abuse in understanding their rights and legal options under New York law. Though there are 1.3 million nursing home residents nationwide, your loved one is not just a number at Hill & Moin. Our Personal Injury Recovery SolutionsⓇ pursue exceptional results that change lives.

Why should you hire a lawyer if you suspect abuse? There are at least four compelling reasons why:

• Abuse is not likely to stop on its own. The National Institute on Aging studies and provides information about elder abuse. According to the institute’s website, “elder abuse will not stop on its own. Someone else needs to step in and help.” Victims of abuse are often too ashamed or frightened to make a report, or they might not be able to speak up for themselves.

• Nursing home abuse could result in permanent injuries. Elder abuse could lead to long-term physical and psychological damage, such as bedsores, broken bones, and depression. In the worst-case scenarios, negligent and abusive treatment ends in premature death.

• Your attorney can help you report suspected abuse. In New York, the Department of Health and other agencies work to protect the elderly. Abuse is not usually a one-time event. Making a report could keep your loved one safe and spark changes that benefit other nursing home residents.

• You could be entitled to compensation. A personal injury claim could award you with compensation for your losses. For example, you might be eligible to receive vital funds for medical expenses and the costs of transferring your family member to a different care home.

At Hill & Moin, we understand that life does not always fit neatly into categories. Our law firm wants our clients to feel like they have a lawyer in the family, so we offer New York residents an easy and free way to determine the type of attorney they need: a free consultation with us.

Simply request your initial consultation by calling (212) 668-6000 to find out the right type of lawyer for your case. Don’t wonder about your rights! The Hill & Moin legal team is ready to help.

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No doubt you and your relatives thought long and hard about the decision to place an elderly member of your family in a nursing facility. After much research, analysis, and family discussion, you located a nursing home that met the criteria for your elderly parent, grandparent, or other loved one. What relief you felt!

It can be crushing to realize or learn that your elderly loved one is being neglected or abused at the nursing facility. The New York law firm of Hill & Moin LLP sympathizes with you as if your loved one were our own family member. We are infuriated when we receive reports of dear elderly ones being treated with disrespect and a lack of care.

In the case of nursing home abuse, you and your family have been hurt enough. You have the right to pursue compensation. Let us discuss a part of this road to recovery – how much your case may be worth.

Compensation Amounts Available 

We would prefer that our dear loved ones never experience abuse or neglect. However, it is an unfortunate reality that reports of elder abuse and neglect are on the rise. Those who are responsible for such neglect should be held accountable. A principal way that individuals and entities are made accountable is through monetary compensation.

Many factors can influence the restitution amount an individual receives for the negligence or abuse they endured at a nursing facility. It has been reported that the average amount received in the nation’s nursing home abuse cases is a little over $400,000.

However, each case is unique, and the specific circumstances will influence the compensation attainable. That being said, the same study remarked that the “Average recoveries for nursing home claims nationwide…appear to be larger than the average medical malpractice payout.”

Factors Which May Influence Your Compensation 

Nursing home neglect can come from a staff member who deliberately ignores the needs of a patient. It could be a facility employee who is careless and inattentive. In either case, an individual’s actions or inactions influence the case.

The principal factors that affect a nursing home abuse case are the following:

• The extent of the injuries to the victim – The range of injuries varies for each case. Intentional abuse could easily cause broken bones or other severe injuries. Inattention, perhaps not maliciously done, can leave a victim with bedsores or malnourished.

• Property losses – The theft of property, money, and even identity can be perpetrated against a nursing home resident.

• Pain and suffering experienced by the victim – It is difficult to quantify the emotional turmoil, anxiety, and stress that an elderly loved one must endure in the case of nursing home abuse. Yet, financial compensation for these emotional damages may be awarded.

Types of Compensation

The damages awarded will be categorized as one of the following:

• Economic damages – This would include the resulting hospital bills and rehabilitation because of the injuries sustained in a nursing home. This would also cover the costs related to stolen property and money.
• Non-economic damages – This is the compensation in connection to the pain and suffering the victim felt and perhaps continues to feel because of their abuse or neglect.

Understanding what New York law considers to be part of each of the above categories can be challenging. The legal criteria for these topics can be complicated and confusing. With an experienced lawyer on your side, you do not need to feel overwhelmed.

Hill & Moin LLP’s broad network of attorneys understands these laws, and we know how to apply them to your advantage. We can give you the confidence you need to pursue your legal remedies for compensation.

Example of a Settlement in the US For Nursing Home Neglect Cases 

Each case has a unique set of circumstances. However, the following experience indicates a possible monetary amount that could be applied to similar cases of nursing home neglect.

In the Chicago area, a nurse used water from an industrial coffee machine in the facility’s kitchen as bath water for an elderly woman. The water was at a temperature of 185 degrees. The nursing home resident experienced second-and third-degree burns due to this negligent act.

Sadly, she passed away from the related health problems connected to the injury. The judge ruled in favor of the family of the injured 87-year-old woman, and they received $1.5 million.

The Law Takes Nursing Home Neglect Seriously, and So Do We

Under the Code of Federal Regulations, one statement explains the high standards that you should be able to expect from a nursing home. In section 483.10, it is stipulated that the residents of nursing homes have the right “to a safe, clean, comfortable and homelike environment, including but not limited to receiving treatment and support for daily living safely.”

Further, section 483.12 guarantees that nursing home residents have “the right to be free from abuse.” New York law, as well as the Hill & Moin lawyers, take these regulations as having the utmost importance.

If nursing home staff have not given your loved one the compassionate and attentive care that the law demands, then you have the right to seek compensation. Hill & Moin has a team of understanding and experienced lawyers who can help. We can represent our clients with the professionalism needed. At the same time, we also take a gentle approach so that you feel like you’re working with family.

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