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Construction site accidents are all too common in New York City. The types of injuries sustained in such incidents can have life-long repercussions. If you have been hurt in a construction accident, you may be facing a difficult recovery, emotional trauma, and financial hardships.

The Occupational Safety and Health Administration (OSHA) is a federal agency aiming to ensure safe working conditions across industries throughout the US. If OSHA violations caused you to suffer an injury in a New York construction accident, there may be serious penalties for the responsible parties. Additionally, OSHA violations may warrant pursuing a construction injury lawsuit.

In this article, we will take a closer look into OSHA’s construction workers’ rights and protections as well as common OSHA violations. We will also discuss how an OSHA citation may impact your construction accident case.

Understanding OSHA Construction Industry Rights and Regulations

OSHA has instituted a number of regulations governing construction site safety. These construction industry standards are regularly revised and updated. Workers are entitled to a safe workplace free of known health and safety hazards.

OSHA wants to protect workers by giving them the right to:

• Receive workplace health and safety training in a language you understand
• Work on machines that are safe
• Refuse to work in a situation in which you would be exposed to a hazard
• Receive required safety equipment, such as gloves or a harness and lifeline for falls
• Be protected from toxic chemicals
• Request an OSHA inspection and speak to the inspector
• Report an injury or illness, and get copies of your medical records
• Review records of work-related injuries and illnesses
• See results of tests taken to find workplace hazards
• Speak up about hazards without fear of retaliation

OSHA general regulations apply to most private sector and some public sector employers as well as their workers. Failing to uphold the safety code and employees’ rights can have grievous consequences for all involved.

Frequently Seen OSHA Violations

According to the US Bureau of Labor and Statistics, construction had the most fatalities among all private industry sectors in 2023. Regrettably, a number of these deaths could have been avoided had safety standards been followed.

OSHA publishes an annual list of the 10 most frequently cited standards following worksite inspections for all industries. Violating these standards brings to light the hazards faced by numerous construction workers.

The 10 most frequent safety and health violations in 2023 were:

1. Fall protection: In many instances, construction employers fail to provide the required fall protection equipment. These include safety harnesses, safety nets, guardrails, handrails, and stair railings.
2. Hazard communication: Chemical manufacturers are required by OSHA to prepare safety data sheets (SDS) and labels listing hazard information. Frequent violations include improper labeling, failure to maintain SDS, and inadequate training.
3. Ladders in construction: Ladders must be inspected regularly for structural defects and replaced if damaged. Common violations include failing to ensure the ladder could support the weight, using ladders on uneven surfaces, or using ladders for unintended purposes.
4. Scaffolding: Some common breaches of scaffolding regulations include structural instability, insufficient weight capacity, improper guardrails, and improper platforms.
5. Powered industrial trucks: This refers to forklifts or lift trucks, among others. Employers have received citations for failing to properly train, license, and evaluate operators or for not displaying vehicle capacities.
6. Control of hazardous energy (lockout/tagout): Energy sources, including electrical, chemical, mechanical, hydraulic, thermal, or pneumatic energy in machines could be released and be hazardous to workers. It is critical to establish control programs, train workers, and use lockout/tagout equipment properly.
7. Respiratory protection: Employers are responsible for training workers regarding the hazards of toxic fumes, gases, and vapors. Workers must be provided with personal protective equipment (PPE).
8. Fall protection: This standard refers to the failure of employers to train construction employees adequately on fall protection.
9. Eye and face protection: This refers to construction workers’ failure to use proper PPE. These may include safety glasses, face shields, earplugs, and respirators.
10. Machinery and machine guarding: OSHA requires conscientious safeguarding of any moving machine parts that could potentially cause injury. Employers have been cited for failing to install or incorrectly installing safeguards.

Properly implementing and following OSHA regulations can be a matter of life and death. If you have been injured or a loved one has died on a New York construction site, an experienced construction accident lawyer can advocate for you. He or she can investigate to determine whether OSHA standards were broken and ensure that all responsible parties are held accountable for your losses.

How OSHA Enforces Construction Site Standards

OSHA endeavors to protect construction workers by regularly inspecting construction sites. Right of Entry regulations have been instituted. These allow OSHA inspectors to ensure that federal laws and safety rules are enforced.

OSHA has the authority to cite employers for safety violations and to require that problems be corrected. Repeated or severe violations by construction companies and others can result in large fines and work-stop orders.

OSHA’s Construction Accident Reporting Requirements

Employers are legally required to promptly report serious injuries or fatalities to OSHA. An in-patient hospitalization, amputation, or eye loss must be reported within a very limited time frame. Reporting a workplace fatality is normally required within several hours of the incident.

An OSHA inspector will review the construction employer’s operations. Through a worksite investigation, any safety hazards will be documented. Furthermore, OSHA may investigate construction sites in response to complaints from workers that the company is breaching workplace safety standards.

The results of an OSHA investigation can significantly impact the results of a construction accident case in New York City. OSHA’s findings of willful noncompliance with federal laws and citations for violations can be used as evidence in a personal injury claim.

Seeking Compensation After a New York Construction Injury

An OSHA violation is a serious matter. Construction workers deserve just compensation when employers fail to uphold health and safety standards.

While workers’ compensation benefits generally provide medical and disability coverage to injured workers, there may be other avenues of restitution. Depending on the circumstances and severity of your work accident, you may be eligible to pursue a personal injury claim for additional compensation.

Injured construction workers may qualify for compensation for such things as:

• Medical expenses
• Lost wages
• Reduced earning capacity
• Disability benefits
• Emotional pain and suffering
• Wrongful death benefits

Construction accident cases can be complicated. It is advisable to consult an experienced personal injury lawyer after sustaining serious injuries. Your attorney can use his or her know-how and resources to pursue every avenue of compensation available.

Contact New York Construction Accident Lawyers Who Care

Construction site injuries can be terrifying. In New York State, employers are required to uphold OSHA standards for all construction workers. Recovering from a serious workplace accident can seem like an uphill battle – this is no time to go it alone.

The professional and compassionate construction accident lawyers at Hill & Moin LLP are the champions you need after a New York construction site injury. Our legal team well understands OSHA laws and regulations and how they apply to injury cases across the construction industry. When we take your case, we will do all in our power to ensure that all parties are held liable for unsafe workplace conditions.

At Hill & Moin LLP, we offer our clients Personal Injury Recovery Solutions® that work. Learn what our dedicated and results-oriented lawyers can do for you by calling (212) 668-6000 or filling out our online contact form to schedule a free case evaluation. 

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A serious slip-and-fall accident in New York City can upend your life in the blink of an eye. You may be facing life-altering physical injuries, emotional trauma, and financial insecurity. When you have been hurt due to unsafe conditions on someone else’s property, proving liability is a key factor in successfully pursuing compensation for what you have gone through.

Unfortunately, establishing negligence and liability in a slip and fall claim is not always a simple feat. That said, video footage can serve as valuable evidence in your case. It can showcase the circumstances that led up to your fall, your injuries, and what took place in the immediate aftermath of the accident.

In this article, we will review how surveillance footage can impact the outcome of your slip and fall case. Understanding how video evidence can be used to your benefit as well as the New York laws that apply to your situation will help you build a robust personal injury claim.

Proving Negligence in a NYC Slip-and-Fall Accident

Under New York law, you can hold a property owner or managing entity responsible for any personal injuries sustained while you were on their property if they were careless or negligent. To successfully pursue compensation, you must clearly prove that the party responsible failed to take reasonable steps to maintain the property and keep visitors safe.

To prove your slip-and-fall accident claim in New York City, you will need to provide evidence that:

• You were lawfully on the property where you fell
• The business or property owner was negligent – he or she knew or should have known about the hazardous condition on the property and yet failed to repair, rope off, or warn of the condition
• The negligence directly caused your injury

Video footage from the scene of the slip-and-fall accident can go a long way toward establishing what exactly happened. An experienced New York slip and fall attorney can act quickly to help you retrieve available surveillance footage before it is lost or tampered with.

Surveillance Footage Influence on Slip and Fall Claims

In New York State, fall-related injuries are the leading cause of injury hospitalizations among adults 25 years and older. Necessarily, a number of these accidents will result in legitimate slip and fall claims.

In 2024, there were approximately 25,000 security cameras spread across New York City’s 5 boroughs, so there is a good chance your slip-and-fall accident was caught on tape. Such video footage can aid your slip and fall case in several ways.

Surveillance footage can show who was at fault and expose unsafe conditions

As stated, establishing the owner’s negligence and liability is critical to successfully resolving a slip and fall case in New York City. Surveillance footage can help prove the property owner or manager’s fault for your accident if it captures the unsafe condition that caused you to slip. For instance, a wet floor in a retail store such as Target, Trader Joe’s, a fast food place like Burger King, Chick-fil-A, or Wendy’s, or a patch of ice on the sidewalk.

Furthermore, video footage can show what created the hazard and how long it was there before you fell, thereby indicating whether the owner should have reasonably known of the dangerous situation and done something about it.

Surveillance footage can show the extent of your injuries

Surveillance camera footage provides an objective view of your slip-and-fall accident. Thus, video recordings can give credence to the severity of your injuries.

After a fall, it is not uncommon for the property owner to question the extent of your injuries. In such instances, surveillance footage can verify medical reports and testimony. It may show that you were unable to get up without help, had hit your head during the fall, or were taken away by an ambulance.

Furthermore, video evidence may aid you in recovering damages for non-economic losses such as pain and suffering. Along with other evidence, surveillance footage can prove that your injuries meet New York Insurance Law’s serious injury threshold.

Contact New York Fall Accident Lawyers for the Help You Deserve

A slip-and-fall accident on someone else’s property can be devastating – impacting nearly every aspect of your life. After such a traumatic event, you need a compassionate and experienced legal advocate on your side.

It is in your best interests to contact a lawyer as soon as possible. At Hill & Moin LLP, we can help you throughout the entire legal process when we take on your case, ensuring that all possible recourse is taken and no deadlines are missed. Our personal injury lawyers are adept at handling even the most challenging aspects of any slip and fall claim. This includes recovering any surveillance and visual evidence of the events that took place.

At Hill & Moin LLP, we offer our clients Personal Injury Recovery Solutions® that work. Learn how our dedicated legal team can help you secure your future. We serve slip and fall injury victims in Manhattan, Queens, Brooklyn, Bronx, Staten Island, and Nassau County. Call (212) 668-6000 or fill out our online contact form for a free consultation. 

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Did you know that distracted driving is one of the leading causes of car crashes in NYC? According to the New York City Department of Health and Mental Hygiene’s Epi Data Brief No. 87 for 2015, 19 percent of NYC drivers 18 years and older texted or emailed while driving. Distracted driving has led to increasingly severe accidents and complex legal cases.

Living in a bustling city like New York means dealing with distracted drivers is an unfortunate reality. Between delivery vehicles rushing to meet deadlines, taxi drivers, or rideshare drivers checking their apps, and everyday commuters multitasking behind the wheel, the risks continue to grow.

This comprehensive guide examines how New York’s distracted driving laws influence accident claims, legal consequences, insurance coverage, and the compensation you may be entitled to receive.

How Compensation Works in NYC Car Accident Cases

New York uses a “no-fault” insurance system. This means your insurance provider will offer initial coverage for medical costs and lost pay regardless of who caused the accident. If distracted driving causes significant injuries, you may be eligible for further compensation.

What is compensation?

Compensation, also known as compensatory damages, is the money a victim receives after filing a car accident claim. Compensatory damages help injured victims recover losses after a car accident. These damages include both present losses and future costs associated with your injury.

Can anyone get compensation after a car accident?

Receiving compensation for accidents that happened because of distracted driving is not as easy as some may think. Key factors come into play.

Firstly, insurance companies must examine a variety of criteria when determining compensation, including:

• The severity of the injuries experienced
• The impact on your capacity to work
• The overall effect on your quality of life

The presence of distracted driving often strengthens claims for additional compensation.

What is negligence in a car accident claim?

With distracted driving cases, as with any other car accident case, you have to prove that the other driver was negligent.

An experienced lawyer can help you gather evidence to prove the distracted driver was doing things such as the following:

• Texting
• Eating
• Grooming
• Watching a video

How Distracted Driving Impacts Compensation

The link between driver conduct and settlements for damage is important in distracted driving cases. Insurance companies and courts view accidents caused by distracted driving as serious forms of negligence that could have been avoided. This often leads to higher compensation payments for injured victims.

Strong evidence can support a distracted driving injury claim and increase the chances of maximum compensation. Key types of evidence include:

• Cell phone records can prove the at-fault driver was texting or calling at the time of the crash
• Witness statements provide firsthand accounts of distracted driving behavior
• Medical records show the full extent of injuries and link them to the accident
• Injury documentation strengthens the argument for fair compensation
• Psychological impact and trauma can influence non-economic damage awards

When combined, this evidence builds a compelling case for holding distracted drivers accountable.

Types of Damages in NYC Car Accident Cases

Personal injury damages are the financial compensation awarded to injured car accident victims.

These damages are broken up into 3 categories:

1. Economic damages
2. Non-economic damages
3. Punitive damages

Economic damages in a personal injury claim

Medical expenses form a significant portion of economic damages in distracted driving accident cases.

Medical costs may include:

• Emergency treatment
• Hospital stays
• Surgeries
• Rehabilitation services
• Ongoing care needs

Lost wages are another major component of economic damage. When serious injuries prevent you from working, you deserve compensation for lost income and benefits.

Loss of future earning capacity is another loss your accident attorney can help calculate. This is an important consideration, especially in cases involving permanent disabilities or limitations.

Property damage claims cover vehicle repairs or replacement and any personal property damaged in the crash. Additional economic damages may include transportation costs and home modifications.

Non-economic damages in a personal injury claim

Non-economic damages compensate for the physical pain and emotional toll of an injury. These losses, while not tied to specific financial costs, can significantly impact a victim’s quality of life.

Some examples of non-economic damages include:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Psychological harm
• Personal testimonies and evaluations

While harder to quantify, non-economic damages are essential for securing fair compensation.

Distracted Driving Laws in New York City

New York City takes distracted driving seriously, with strict laws designed to protect everyone on the road. According to the New York State Governor’s Traffic Safety Committee, drivers are prohibited from using portable electronic devices behind the wheel. Violating this law can result in serious penalties.

Cell phone usage laws in NYC

Using a cell phone is one of the most common causes of a distracted driving accident. New York maintains strict laws regarding cell phone use while driving. Section 1225-C of the Vehicle & Traffic Law makes it illegal to use a mobile phone while driving a car unless you’re using a hands-free device.

Here’s a simple breakdown of what this means:

• You can’t hold your phone to your ear or make calls while driving, even if you’re stopped in traffic
• Holding the phone to your ear or dialing by pressing more than one button counts as using the phone
• Fines for breaking the law range in cost greatly for a first offense and repeat violations within a certain time period
• Commercial drivers are prohibited from using hand-held phones while on the road, even when stopped in traffic

There are a few exceptions to the law. You are allowed to use your phone in emergencies to contact police, fire, or medical services. Public safety officers, like police officers, can use their phones while on duty.

In-vehicle distractions

NYC traffic laws don’t just talk about cell phones – it covers any portable electronic device. Section 1225-d of the New York law discusses the restrictions on using portable electronic devices while driving.

Restricted devices include:

• Personal Digital Assistants (PDAs)
• Hand-held devices with mobile data access (like tablets)
• Laptops
• Pagers
• Broadband communication devices
• Two-way messaging devices
• Electronic games
• Portable computing devices

Basically, it refers to any device that you can use to send, receive, write, or read text for communication purposes – whether it’s a message, email, or other form of text.

Today’s vehicles come with advanced infotainment systems and displays that can easily take a driver’s attention off the road. Whether it’s programming navigation, changing the climate controls, or browsing music, these actions create dangerous distractions. To stay safe, drivers should set up everything before hitting the road and rely on voice commands whenever possible.

Other common distractions

Children and passengers can create significant distractions for drivers. Attempting to manage passenger behavior or retrieve dropped items while driving demonstrates poor judgment that endangers others. These distractions frequently contribute to serious motor vehicle accidents.

Eating and drinking can also lead to distracted driving accidents. Spills or dropped items can trigger sudden reactions that lead to crashes. Evidence of food containers or beverage spills often helps establish distracted driving as a cause.

New York’s Section 1227 bans drinking alcohol or using cannabis, as well as having open alcohol containers in vehicles on public roads. Drivers and passengers who break this rule can get a traffic ticket. However, passengers in certain vehicles with special permits are allowed to drink or have open containers.

Punitive Damages in New York City

Section 70-A of New York’s Civil Practice Law and Rules addresses the recovery of damages, like punitive damages. Punitive damages are a type of compensation awarded in addition to regular damages in a lawsuit. They are intended to punish a defendant for particularly harmful, reckless, or malicious conduct.

When Are Punitive Damages Available?

Punitive damages may be available in circumstances involving extremely excessive distracted driving behavior. These additional damages serve to punish, especially serious reckless driving conduct and deter similar reckless behavior by others.

An experienced car accident lawyer can help you gather evidence proving the following:

• The distracted driver’s willful negligence
• The driver’s conscious disregard for safety
• The driver’s history of dangerous behavior

Building a Strong Distracted Driving Case

After an accident, gathering evidence quickly and thoroughly is essential for building a strong case. Taking immediate action protects your legal rights and supports your claim.

It is important to do the following:

• Take photos of the accident scene, vehicle damage, and any visible injuries
• Collect witness contact information before memories fade
• Get a copy of the police report
• Work with a personal injury lawyer

Contacting an experienced car accident attorney early ensures that all necessary evidence is properly collected and preserved, helping you pursue the compensation you deserve.

Contact an NYC Car Accident Lawyer Today

Don’t let a distracted driving injury interrupt your life and cause serious injuries. The experienced personal injury attorneys here at Hill & Moin LLP are here to help accident victims understand the legal process and fight for the best possible outcome.

With years of experience backing us up, we have helped secure millions of dollars in compensation for injured New Yorkers. We focus on providing excellent service and strong legal representation to every client.

If you’ve been injured in a car accident, don’t hesitate to get help. Contact a New York City car accident lawyer at Hill & Moin for a free consultation. Our experienced personal injury attorneys will evaluate your personal injury case and explain how we can assist you. Let us put our Personal Injury Recovery Solutions® to work for you and fight for the compensation you deserve.

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In years past, New York State has reported over 1 million injury-related emergency room visits annually in recent years. Suffering a personal injury in New York City presents unique challenges that can impact your ability to secure fair compensation.

The city’s complex legal landscape creates a minefield of potential missteps for injury victims. Even a seemingly minor error can have serious consequences. Avoiding these common mistakes can protect your rights and maximize your recovery.

The high stakes involved in NYC personal injury cases make it essential to approach the claims process with caution and care. By understanding the pitfalls and taking proactive steps to build a strong case, you can position yourself for success.

Why Are Personal Injury Cases in New York Challenging?

New York City’s laws and regulations on personal injury cases can be difficult to navigate without experienced legal guidance.

New York is a no-fault state

No-fault insurance means that if you are injured in a car accident, your insurance pays for your losses – no matter who caused the crash. This is also called Personal Injury Protection (PIP) and is required for all registered vehicles in New York.

Here are some rules under New York’s no-fault system:

• Your own insurance company covers medical expenses, economic losses, and death benefits up to a certain limit
• Your injuries must meet the state’s “serious injury” threshold before you can step outside the no-fault system and pursue a claim against the at-fault party
• Specific filing deadlines and procedural requirements apply

How PIP and a claim work together

In New York, Personal Injury Protection (PIP) ensures that accident victims receive immediate medical coverage and lost wages, regardless of fault. However, if your injuries are severe or your costs exceed PIP limits, you may need to pursue a personal injury claim against the at-fault driver.

The law states the following rules:

• You must use your PIP benefits first before seeking compensation from the at-fault driver
• You can file a lawsuit if your damages exceed PIP limits (e.g., medical bills over $50,000 or serious injuries)
• You may seek compensation for pain and suffering through a lawsuit, as PIP does not cover non-economic damages

Why Prompt Medical Care Matters for Your Health and Personal Injury Case

One of the most common and consequential mistakes personal injury victims make is delaying or forgoing medical care after an accident. However, many serious conditions may not present obvious symptoms right away.

Getting prompt medical attention is vital for several reasons:

• A prompt diagnosis helps doctors catch issues early, improving your recovery and long-term health
• Immediate medical records create a clear link between your injuries and the accident, making it easier to prove your claim
• Waiting too long can weaken your case, as insurance companies may argue your injuries are unrelated to the accident

Remember, insurers may also point to gaps in treatment to justify lowball settlement offers. To protect your health and your right to fair compensation, seek medical attention as soon as possible after an injury. Be sure to follow your doctor’s recommendations regularly.

Evidence Collection Mistakes to Avoid

In the chaos following an accident, it’s easy to overlook the importance of gathering evidence. The quality of the documents you collect can make or break your personal injury claim.

To create a strong foundation for your personal injury claim, focus on the following:

• Take extensive photos of the accident scene, your injuries, and any property damage
• Get contact information for witnesses who can corroborate your version of events
• File a detailed accident report with the appropriate authorities
• Keep a personal log of how the injury impacts your daily life, including missed work, medical appointments, and pain levels

It can be tempting to rely on the police or insurance companies to collect evidence, but it’s better to be as hands-on as possible. This can be difficult when you’re unfamiliar with the law or struggling with injuries. That is why we recommend working with an experienced personal injury lawyer who will keep a close eye on the evidence gathering and ensure nothing falls through the cracks.

Don’t Fall for the Insurance Company Interview Trap

After reporting an accident to the relevant insurers, you will likely be contacted by an insurance adjuster. He or she may request a recorded statement about what happened, which may seem like a routine part of the claims process. However, providing a recorded statement without first consulting a personal injury attorney can be a costly mistake.

Insurance adjusters are trained to ask questions to get you to:

• Downplay the severity of your injuries
• Admit fault or apologize for the accident
• Make statements that contradict your official accident report or medical records
• Discuss pre-existing conditions or prior injuries without proper context

To protect yourself, politely decline any requests for a recorded statement and instead direct all communication through your personal injury attorney. Your lawyer can help you prepare for these conversations and negotiate with insurers on your behalf.

Why Quick Settlement Offers Are Often a Red Flag

In the aftermath of a serious injury, the financial pressures can be immense. All the losses an injured victim faces can make a quick settlement look like the best option. However, a quick settlement might not be enough to cover your losses.

On top of your immediate expenses, you might need compensation for:

• Future medical treatment, rehabilitation, and therapy
• Modifications to your home or vehicle to accommodate a disability
• Lost earning potential and diminished quality of life
• Ongoing pain, suffering, and emotional distress

Once you accept a settlement offer, you typically waive your right to pursue further compensation. That means even if your condition worsens or new injury-related expenses arise, the case is over. It’s vital to work with an experienced personal injury attorney who can help you assess the full value of your personal injury claim.

The Importance of Keeping Your Case Off Social Media

In today’s digital age, social media has become a part of daily life. However, for personal injury victims, social media activity can have serious unintended consequences. Your actions could undermine the credibility and value of your personal injury claim. Even seemingly innocent posts, like travel or daily life updates, can be used against you.

These posts can be taken out of context and used to argue that your injuries are not as severe as claimed. The insurer or defense attorney could even claim that you have made a faster recovery than you are reporting.

To protect the integrity of your personal injury case:

• Avoid posting about the accident, your injuries, or the legal proceedings
• Be mindful of the privacy settings on your accounts and limit public access to your profiles
• Ask friends and family members to refrain from tagging you in posts or discussing your accident online
• Consider suspending your social media activity altogether until your case is resolved

Remember, even if you haven’t done anything wrong, any inconsistency between your social media and your claimed injuries can make insurance adjusters and juries doubt your case.

NYC Personal Injury Time Limits and Legal Deadlines

Every personal injury case is subject to strict time limits, known as statutes of limitations. This statute lets you know how long you have to file a personal injury lawsuit. In New York, the statute of limitations may differ.

Here are some examples of personal injury cases that have differing deadlines:

• Slip-and-fall accidents
• Car accidents
• Product liability
• Medical malpractice

Acting quickly to protect your legal rights is crucial. Building a strong personal injury case takes time. The longer you wait, the more difficult it may become to gather evidence and connect your injuries to the accident. To ensure that your rights are protected, consult a knowledgeable personal injury attorney as soon as possible after your accident.

Contact an NYC Attorney and Protect Your Right to Compensation

Suffering a personal injury in New York City can be a life-altering experience, impacting your health, finances, and future. By being aware of the common mistakes that can jeopardize your personal injury claim, you can position yourself for a successful recovery.

Remember, the insurance companies and at-fault parties have teams of lawyers working to minimize their liability and limit your compensation. You need a strong advocate in your corner who will fight for your interests.

Learn how Hill & Moin’s Personal Injury Recovery SolutionsⓇ can help you move forward after an accident. Contact the experienced personal injury attorneys at Hill & Moin today to schedule a free consultation. Don’t wonder about your rights. Call us or fill out our online contact form to talk to a firm with 60 years of trial experience and confidence. 

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Francine Kaley, a Brooklyn native with a love for roller skating and gardening, found her life upended one August when she tripped and fell in her apartment building, injuring her knee. The accident left her in constant pain and with an uncertain future. Determined to seek justice, Francine turned to the law office of Hill & Moin, LLP after finding them online. She was drawn to their reputation as a female-led firm and felt confident that they could help her navigate the legal complexities of her case.

Upon meeting with the attorneys at Hill & Moin, Francine was impressed by their professionalism and personal approach. They took the time to listen to her concerns, clearly outlined the next steps, and worked with her to develop a plan of action for her case. The communication throughout the process was exceptional, and Francine always felt supported and informed at every stage. Thanks to the firm’s dedication and hard work, she ultimately received a $350,000 settlement for her injuries.

Now, with her settlement in hand, Francine plans to use the funds to pay off her mortgage and care for her mother. Reflecting on her experience with Hill & Moin, she gave the firm a glowing 5-star review, praising the attorneys and staff for their unwavering support and excellent communication. For Francine, the legal team not only helped her secure compensation but also provided the peace of mind she needed to move forward with her life.

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Life can change in an instant, and for one man, it changed while he was doing something as routine as climbing a ladder on the job as a gardener. While shaping up a tree as part of his work routine, he fell from a ladder, sustaining a back injury that ultimately required screws to stabilize his spine. Would he be able to return to work? How would he make ends meet? What would life look like after such a traumatic injury? The answers to these questions weren’t clear, and he found himself needing the support of a skilled attorney to navigate the complexities of a personal injury case. After hearing great things from other attorneys, he decided to contact Hill & Moin.

From the first consultation, he was impressed by the professionalism and compassion of the staff. Hill & Moin not only handled his case expertly but also supported him through every step of his recovery. The team assisted with scheduling appointments and ensured he had everything he needed, providing peace of mind during a very stressful time.

When it came time for the legal proceedings, Hill & Moin’s efforts paid off. The settlement they secured for him was far greater than he had ever hoped. He was grateful for how the attorneys fought for his best interests, ensuring that he received a settlement that would truly help him move forward with his life.

When asked how he would rate his experience with Hill & Moin out of five stars, Ventura didn’t hesitate. “Five,” he said. “And more if I could.” He was beyond impressed with not only the outcome of his case but also the level of care and attention he received throughout the entire process. It was clear that Hill & Moin had earned his complete trust and gratitude.

The settlement of the case gave him the financial freedom he needed to start thinking about the next chapter of his life. After much thought, he is considering moving back to Guatemala to buy a house. For him, it wasn’t just about financial compensation, it was about finding a fresh start and a way to rebuild after the trauma of his work injury and recent family deaths. We’re honored to have been a part of his journey and wish him all the best as he begins the next chapter of his life in Guatemala.

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Aleksandr S. was in Brooklyn where he worked as a welder when an unfortunate workplace accident happened on the job resulting in painful head and facial injuries. Aleksandr S. was rushed off to the nearest hospital where he received stitches. Still in pain, Alexander S. knew he deserved more his injuries and that is when he got in touch with dedicated legal team at Hill & Moin, LLP.

When reviewing his experience at Hill & Moin, Aleksandr S. explained that he found it great and appreciated how steadfast and determined the attorneys were in ensuring that he received excellent legal representation. When the case was settled, Aleksandr was awarded $1,000,000 dollars as compensation for his neck and shoulder injuries thanks to the hard work of attorneys Eric Wittels and Melisande Hill.

Ready to leave this unfortunate accident in the past, Aleksandr S. and his wife are optimistic about their future and hope to buy a home with his newly awarded settlement check.

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Getting in an NYC car accident that was not your fault is bad enough. Discovering the other driver is from another state could leave you worried that you may be unable to get the compensation you need for your injuries.

New York State’s no-fault car insurance laws protect NYC motorists, providing a capped level of benefits. However, if your accident resulted in serious injuries and your losses exceed your insurance coverage, you may need to claim from the other driver’s insurance company. This is when the situation can get complicated.

An experienced New York City car accident attorney can clarify your legal options. This post will explore the legal process involved when New York residents get hit by out-of-state drivers and how New York state laws could help you seek justice.

Making an Insurance Claim in New York

If you did not sustain serious injuries in your car accident, the same initial process applies whether the car crash was caused by an out-of-state driver or a New York resident. As a no-fault insurance state, every NYC driver must first turn to his or her own insurance company for compensation after a car accident.

No-fault insurance is also called Personal Injury Protection (PIP). The goal of PIP is to pay promptly after an accident, regardless of who was at fault, and help you return to health and productivity again.

According to the New York State Department of Financial Services, PIP covers:

• Medical expenses

• Lost earnings

• Other reasonable and necessary expenses related to injuries from your car crash

There is a cap on the amount each person can claim under no-fault insurance policies. However, a driver could be ineligible for no-fault benefits if he or she was intoxicated, committing a felony, or driving an uninsured or stolen vehicle at the time of the accident.

If you sustain a serious injury in a New York City car wreck, you are likely to quickly run up medical and other expenses above the maximum limits under no-fault insurance. This may mean that you are entitled to pursue a lawsuit to seek compensation for your losses. However, the fact that it involves an out-of-state driver could complicate matters.

An experienced New York car accident attorney can listen to your story and advise whether you can pursue additional compensation for your injuries.

Serious Injury Claims Against Out-of-State Drivers

Generally, the more serious your injuries are, the more compensation you can expect to achieve in a car accident case. However, in a car accident involving an out-of-state driver, you may not have the same legal recourse as if a New York resident driver hit you.

The first question is whether your injury qualifies as serious under New York state law.

Categorizing serious injuries in New York

Your injuries must meet the threshold for serious injuries defined by New York State Law, Chapter 28, Article 51, Section 5102, to bypass the no-fault system and file a lawsuit against the other driver.

Under this statute, serious injury includes the following:

• Death

• Dismemberment

• Disfigurement

• Fracture

• Loss of an unborn baby

• Permanent loss of use of body organ

• Significant limitation to body system or function

These laws are complex, so do not try to determine whether your car accident injuries qualify without seeking legal assistance.

Compensation in serious injury accidents

If your car accident lawyer advises that your injuries are serious enough to meet the threshold, you can pursue a wider range of damages than you can through a no-fault claim. In addition to economic compensation, such as the cost of medical treatment and lost earnings, you could also pursue compensation for non-economic losses.

These damages may include:

• Pain and suffering

• Emotional distress

• Loss of enjoyment of life

• Loss of activities

• Loss of consortium

You may have the right to pursue compensation from the negligent driver, but the fact that he or she was from another state can make obtaining compensation more complicated.

Challenges to Pursuing Compensation From Out-of-State Drivers

Pursuing compensation from out-of-state drivers presents unique challenges. However, with an experienced New York City attorney on your side, it may be possible to find a way to obtain the compensation you are entitled to.

Is the insurance company authorized in New York?

Your personal injury lawyer will first investigate whether the other driver’s insurance company is authorized in New York. The policy must match New York’s minimum requirements if the company is authorized. New York law would apply even if the other driver is from a state that has lower minimum coverage requirements.

When the insurance company is not authorized in New York

If the negligent driver’s insurance company is not authorized in New York State, he or she could be in serious trouble. According to New York Vehicle & Traffic Law §318 Subsection 5(a & b), the out-of-state driver’s license may be revoked for driving on New York roads without insurance coverage.

However, the other driver losing his or her license is likely to be of little consolation if you are facing mounting medical expenses and other costs. One legal option open to you may be to file a lawsuit against the individual.

While it may be possible to prove he or she was liable for the car crash, obtaining a payout from an individual can be challenging. If the negligent driver has no collectible assets, obtaining the compensation you need may be impossible. A qualified and experienced New York car accident lawyer can help you explore all legal avenues for compensation, including provisions under your own auto insurance.

Uninsured and underinsured motorist insurance policies

If it is impossible to recover compensation from the negligent driver, you may be able to claim against your uninsured motorist coverage. Under New York law, all motorists must carry this insurance coverage, which protects them if they are involved in a collision with an uninsured driver.

You may also be able to claim against underinsurance coverage. This is not mandatory in New York, but many drivers purchase it to protect themselves if the other driver’s insurance coverage is insufficient to cover his or her losses.

Understanding the best route to compensation can be very confusing. That is why it is essential to secure legal representation to guide you through the process.

Give Yourself the Best Chance of Success After an NYC Car Crash

After a car accident involving an out-of-state driver, take the following steps, which could make it easier to pursue compensation:

• Call 911: The police will attend and note down the facts of the case. The police report may prove to be valuable evidence in your car accident claim.

• Seeking medical attention: Even if you feel fine, getting yourself checked by a medical professional and starting a paper trail of medical documentation is vital. This could help prove your injuries were caused by your car accident. Also, follow up on any medical treatment recommended by the doctor.

• Exchange information with the other driver: Get his or her name, address, phone number, driver’s license, license plate, and insurance information. Remain calm and do not get into any discussions about liability. Try to get the contact details of any eyewitnesses as well.

• Document the scene: If you can, take as many photos of the accident scene as possible. Try to show the damage to the vehicles, their position, and any markings on the road. Capture the weather conditions and take photos of your injuries and damaged property.

• Call a car accident lawyer: As soon as you feel well enough, arrange a free consultation with a New York City car accident attorney. Your lawyer will listen to your story and advise you on protecting your legal rights while talking to your insurance company.

It is crucial to seek legal assistance from the right car accident lawyer. The key is looking for a combination of experience, a track record of success, and a determination to fight tenaciously for the rights of NYC car accident victims.

Let Hill & Moin LLP Fight Your Out-of-State Driver Car Accident Case

At Hill & Moin, we understand that an NYC car accident can be stressful, financially draining, and physically painful. We are here to evaluate your personal injury cases, even in complex ones involving out-of-state negligent drivers. If another law firm would be better suited to take your case, we will refer you to another firm in our trusted network.

We are headed up by Melisande Hill and Cheryl Eisberg Moin, who have both been practicing law in New York for over 40 years and have recovered millions in compensation for motor vehicle accident victims. Our firm’s recent settlements include $1.7 million for an automobile accident victim and $4.85 million for a pedestrian struck by a truck.

Now is the time to discover why our clients say working with Hill & Moin feels “like having a lawyer in the family.” Do not delay. Call (212) 668-6000 to learn your Personal Injury Recovery SolutionsⓇ in a free consultation. Alternatively, complete our contact form, and we will call you back soon.

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Slip-and-fall accidents happen in a moment, but their physical, financial, and emotional impact can last a lifetime. Cities and states have building codes to minimize the risk of slip-and-fall accidents, but these are only effective when followed to the letter. If a building code violation at someone else’s property contributed to your injury, you may have grounds for a premises liability claim.

Premises liability is a property owner or occupier’s legal responsibility to ensure the premises are safe for visitors. Successful premises liability cases hinge on establishing liability. If your personal injury lawyer finds evidence of a building code violation, it could strengthen your case for compensation. This post will explain how to build a strong case for negligence in a slip and fall claim.

Building Code Violations That Impact Slip and Fall Cases

In New York City, there are many building codes and local laws that property owners must comply with. These include the 2022 Construction Codes, the Energy Conservation Code, and local laws that are updated each year. For example, Local Law 79 of 2024 requires a proactive inspection program for buildings.

These codes and laws are designed to protect visitors to businesses and homes. Sadly, when owners and occupiers neglect these regulations, accidents can happen.

The following are common building code violations that can contribute to a slip-and-fall accident:

• Insufficient lighting, especially around curbs and stairs

• Damaged or missing handrails

• Lack of non-slip mats on slippery floors

• Defective disabled access

• Broken or uneven steps

• Defective pipework/gutters, causing wet floors

• Leaks in ceilings

Building codes serve as a benchmark for the standards property owners and occupiers should meet and maintain. While remedial work is in progress, a property owner must warn visitors a hazard exists and take steps to keep them safe.

Where does premises liability apply?

Premises liability applies when you are injured while lawfully on someone else’s property. Examples include visiting your neighbor’s house as an invited guest, shopping at retail stores, or when working at someone else’s property. A personal injury lawyer can explain your legal rights in your situation.

How code violations could strengthen your case

A personal injury lawyer can investigate whether potential code violations contributed to your accident. If he or she finds that a violation took place, this could strengthen your case and may increase your chances of a successful outcome.

Even if your accident was not directly caused by a building code violation, previous citations may help prove the poor standard of maintenance in the building, bolstering your case for compensation.

Establishing Liability in a Slip and Fall Case

As part of the legal process for premises liability cases, attorneys must prove the following points:

• Duty of care: The property owner had a legal duty to ensure that the building met minimum standards for visitor safety

• Breach of duty: The property owner’s failure to follow safety regulations (which may include building codes) resulted in your fall accident

• Causation: The slip-and-fall accident directly resulted from the property owner’s negligence

• Damages: As the injured party, you are entitled to damages for the physical harm and/or financial losses you have suffered

Depending on the specific circumstances of your accident, a personal injury lawyer may choose to work with a building code expert to strengthen your case.

The role of building code experts

Building code violations are not always obvious. That is one reason why lawyers sometimes work with building code experts. These expert witnesses have specialized knowledge of building codes, local laws, and federal regulations relating to commercial properties.

Just a few examples of how building code experts can help include:

• Analyzing code compliance: Perform an in-depth analysis of construction practices, maintenance records, and work undertaken to comply with relevant building codes

• Expert report: Prepare a detailed report noting building code violations and their potential impact on visitor safety

• Expert testimony: Testify in court, explaining the details of building code violations to the judge and jury

• Guidance for legal teams: Personal injury lawyers are not building code specialists, so building code experts can guide them through relevant laws and show how these apply to your slip-and-fall claim

Creating a link between code violations and your accident

A personal injury lawyer must demonstrate a clear link between the code violation and your accident or show the property owner takes a lax approach to maintenance.

For example, poor lighting may have contributed to your accident by making it difficult to see an obstacle in your way. Your lawyer will investigate the lighting at the property to ensure it meets local and national standards. If it does not, this could strengthen your case.

On the other hand, if you trip and fall on a broken tile, it may be challenging to link this to a specific code violation. However, while investigating your case, your personal injury lawyer may discover a history of code violations and inadequate safety measures at the property. This could support your case that the property owner did not take his or her legal duty to follow safety regulations seriously.

Challenges in slip and fall cases

Proving liability in a New York slip and fall case can be challenging, even if you find evidence of code violations at the property.

You need an experienced personal injury lawyer to help you navigate challenges such as:

• Comparative negligence: The defendant may argue your negligence, such as ignoring a warning sign, was the cause of the accident and not the code violation. Under state law, this would not stop you from pursuing damages but could reduce the amount of compensation you receive in a New York slip and fall case.

• Notice requirements: In New York, the property owner must have had notice that the hazard existed. The notice can be actual or constructive, meaning that the problem had gone on long enough that the owner should have known about it.

• Lack of evidence: If there are no photographs, reports, or witness statements, it may be difficult to prove the property owner was negligent.

To give yourself the best chance of building a strong case for compensation, gather as much evidence at the scene as possible. Take multiple photographs and videos. Also, seek immediate medical attention and pursue follow-up treatment to make as full a recovery as possible.

If you suffer a serious injury, it may be impossible to gather evidence at the scene of the incident yourself. Whatever the specific circumstances of your case, call a New York slip and fall lawyer as soon as possible to discuss your legal rights and gather evidence before it disappears.

Let Hill & Moin Fight for Justice for Your Slip and Fall Injuries

After a New York slip-and-fall accident, you need a results-oriented lawyer on your side. One who will leave no stone unturned as he or she determines liability and pursues the compensation you deserve. You need the experience, compassion, and tenacity of Hill & Moin, LLP.

We have secured outstanding settlements in slip-and-fall cases. In one case, we secured a $10 million settlement after our client fell on defective steps. For another client, we secured a $3.5 million settlement for injuries caused by a defective sidewalk. When you hire us, we will bring the same level of intensity to your case as we pursue the best result on your behalf.

Do not delay in seeking justice, learning your Personal Injury Recovery SolutionsⓇ, and securing your future. Call (212) 668-6000 today for a free case evaluation, or contact us online, and we will call you back soon.

Don’t wonder about your rights!

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C.Y. is a lovely lady from Queens, known for her green thumb and passion for gardening. She cherished spending time with her family and especially enjoyed shopping with her daughter. But one day, while heading out to do some grocery shopping, C.Y.’s life took a sudden turn. As she was walking, a car making a turn struck her, and tragically, her foot was caught underneath the vehicle’s wheel. The accident left her with severe injuries to her foot, requiring emergency surgery.

In need of legal advice, C.Y. reached out to Hill & Moin, LLP, where she met with attorney Eric Wittels, Esq. Eric and the support staff at the firm carefully explained the legal steps that would need to be taken to pursue a lawsuit. They guided C.Y. through every part of the process, offering compassion and professionalism at every turn.

Thanks to the Hill & Moin team’s hard work and dedication, C.Y. was awarded $1.2 million for her injuries. Reflecting on her experience, C.Y. expressed deep gratitude, saying, “I could not have asked for a better law firm.” Now that her case is resolved, C.Y. dreams of one day buying a house and moving on from the traumatic incident, focusing on what truly matters—her family, her garden, and the future ahead.

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