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While it’s true that certain occupations may come with a higher level of risk, that’s no excuse for job-site conditions which result in workplace injuries. P.S. discovered this first-hand during one particularly disastrous shift while working as a carpenter. Arriving at the job-site bright and early P.S. reported several floors above the ground to begin working, donning all the necessary protective safety gear. While operating an electric saw to cut wood, P.S. lost his footing when he stepped on a stray piece of debris on the floor. The disruption caused the saw’s blade to change direction, concurrently severing a portion of his index finger. Much to his horror, P.S.’s situation only worsened from there. As he was in the process of descending a ladder to return to the ground floor, the structure wobbled and jolted him off sending an already-seriously hurt P.S. tumbling to the ground. P.S. was immediately seen by medical care providers and while grateful for his life, he felt that he deserved justice. When he reached out to discuss his case with Hill & Moin, LLP, they agreed. With tireless grit, the attorneys managed to secure a settlement of $2,000,000 for all that P.S. had suffered. Upon being asked about his experience working with Hill & Moin, he found that their frank communication style and candor reassured him. He noted that the staff is quick to follow up with questions and concerns, making him feel included and informed. Now enjoying a chance to reset, P.S.’s only plans are to spend as much time as possible with his young grandchildren and build a nest egg to cover all of life’s future unexpected predicaments.

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Losing a loved one is an incredibly painful experience. It can feel even more devastating when a precious life is lost due to someone else’s negligence or wrongful actions. How can surviving family members seek compensation for their losses?

Families may be able to pursue justice for their loved ones by means of a wrongful death lawsuit. Wrongful death lawsuits are civil claims filed by the immediate family members or beneficiaries of a victim. These lawsuits are filed against the party responsible for their loved one’s untimely death. The aim is to hold the negligent party accountable while providing a sense of closure and financial support to those left behind.

How can surviving loved ones pursue a successful wrongful death claim? An untimely death can arise from various circumstances, such as car accidents or medical malpractice. In these complex legal battles where emotions run high, expert witnesses play a crucial role. How so?

Understanding Wrongful Death Lawsuits

To pursue a successful lawsuit for the wrongful death of a loved one, four basic elements must be established:

1. It must be proven that the defendant owed a duty of care to the deceased person. A “duty of care” refers to the legal obligation one party has to exercise reasonable care and attention to prevent causing harm or injury to another party. For example, medical professionals have a duty of care owed to their patients when providing treatment.
2. It must be shown that this duty was breached through negligence or intentional wrongdoing. There needs to be proof that the party in question failed to live up to their duty of care.
3. The victim’s death was caused by the defendant’s breach of care. A clear link between the defendant’s actions and the victim’s death must be established.
4. The wrongful death resulted in actual damages. It must be shown that the surviving family members suffered financial losses as a direct result of the victim’s death.

In wrongful cases, the four elements listed here piece together the full picture: that someone’s actions directly caused the victim’s death. This can be a complex task, requiring in-depth knowledge and unbiased analysis – but that’s where expert witnesses can be especially useful. How so?

How Expert Witnesses Help Wrongful Death Cases

Expert witnesses bring credibility and authority to the table, along with their professional opinions, thanks to years of experience in their respective fields. These professionals can help establish liability and secure fair compensation for a victim’s family.

To be selected as an expert witness, an individual must have specialized knowledge or expertise in a particular field that is relevant to an aspect of the wrongful death case. This testimony can help clarify complex concepts in layman’s terms so that judges and juries can understand them better.

Expert testimony can help lawyers:

• Establish liability
• Secure fair compensation
• Explain complex issues related to fault determination
• Advocate for maximum restitution possible under personal injury law

Types of Expert Witnesses Used in Wrongful Death Cases

Different types of expert witnesses can be used depending on the circumstances surrounding the case.

Each type of expert witness brings unique skills and knowledge to a wrongful death case. From forensic pathologists shedding light on cause-of-death issues to vocational experts assessing potential future earnings, expert testimony can prove valuable.

The following are common categories of expert witnesses.

Medical experts

Medical professionals can provide insight into the cause of death and the quality of medical treatment received by the victim. Such experts can also shed light on any potential negligence or malpractice that may have occurred.

Forensic pathologists play an important role. Their objective analysis helps explain complex concepts related to the victim’s cause of death.

By means of the following, these experts weigh in on how negligence or malpractice led to death:

• Autopsies
• Testing
• Medical documentation, and;
• More

Medical and forensic testimony can be the key to establishing liability and seeking justice for a victim’s family.

Financial experts

Financial experts also play an important role in wrongful death lawsuits. They can assess economic damages such as:

• Lost income
• Potential future earnings
• Medical costs resulting from the fatal accident

By calculating these financial losses, experts help a victim’s loved ones seek fair financial support.

Vocational experts

Vocational experts are often called upon to assess how a person’s earning capacity would have been affected if death had not occurred.

When estimating potential future earnings for the deceased, experts will consider:

• Education level
• Work experience
• Skills
• Market trends
• Job opportunities available

Accident reconstruction specialists 

Accident reconstruction specialists are commonly involved in wrongful death cases. They analyze evidence from the scene of the accident to establish causation and determine who was at fault.

Through their expertise in reconstructing accidents, these witnesses shed light on the details of a fatal accident. This insight can make all the difference when it comes to securing fair compensation for grieving families.

The Process of Selecting and Utilizing an Expert Witness

Experienced personal injury lawyers know how to select and carefully use experts in a wrongful death case. Established law firms often have a network of experts in various fields.

How do lawyers go about choosing the right professionals to testify?

Selection and vetting of expert witnesses

Once potential candidates are identified, careful evaluation must ensue. The expert’s qualifications and experience should align with the specific circumstances of your case. Your legal team will look for someone who has testified in similar cases before. The selected person should have a track record of providing credible testimony.

Evaluation of communication skills

Excellent communication skills are vital when selecting professionals to give testimony. A potential witness should be able to explain complex medical concepts clearly and concisely. This is so both judges and juries can understand the details of the case.

The selected witness will play a crucial role in the trial since expert testimony carries weight in the courtroom.

Challenges Surrounding Expert Witnesses in Wrongful Death Lawsuits

Sometimes, the following challenges arise when it comes to the use of expert witnesses in wrongful death lawsuits:

• Credibility: One major challenge is determining the credibility of these witnesses. There have been instances where experts with questionable qualifications or biases testify.
• Conflicting opinions: Another challenge is the subjective nature of expert testimony. Each party involved may present its own set of experts or challenge the relevance of the expert’s testimony. Because of this, conflicting opinions and interpretations may be given. This can cause confusion for judges and jurors, who must weigh the evidence presented by both sides.
• Cost: Cost can be a significant hurdle when it comes to utilizing expert witnesses. These professionals often charge high fees for their services. This may make it difficult for lower-income plaintiffs to afford them and can potentially limit access to justice.
• Objectivity: Some question whether expert witnesses truly provide objective analysis. Critics may question whether the experts serve as advocates for whichever side hires them. This raises concerns about impartiality and objectivity in the litigation process.

The Qualifications Needed to Serve as an Expert Witness

There are strict laws regulating who can serve as an expert, for example:

• Experience and qualifications: To be considered an expert witness, a person must have the right background, education, and/or experience in the specific field related to the case.
• Reliable knowledge: The information provided by the expert must come from reliable methods and principles. The court checks to make sure the expert’s knowledge is trustworthy.
• Relevance to the case: The expert’s testimony should be directly related to the issues being discussed in the case. It must help the jury understand the evidence or decide on important facts.
• Professional opinions: Experts are allowed to express their opinions, even on crucial matters in the case. However, these opinions must be based on their expertise.

The lawyer you choose must be prepared to address these challenges head-on. Your legal team must carefully evaluate each witness’s qualifications. This is to ensure that each testimony is fair, accurate, and unbiased.

Wrongful Death Attorneys Ready to Help You Seek Justice 

True, expert witnesses are useful in building a strong case. However, it takes an experienced attorney to leverage testimony effectively. That is where the compassionate attorneys of Hill & Moin can help.

As experienced attorneys, we understand the emotional toll that untimely death can have on surviving families. That is why we are dedicated to helping clients navigate the complex legal landscape. To that end, we work closely with a network of professionals who specialize in various fields relevant to wrongful death cases.

Of course, monetary compensation cannot bring back what has been lost. However, our aim is to make sure you have the opportunity to receive fair financial support during this difficult time. When you hire us for your wrongful death case, we will seek appropriate compensation for funeral costs and loss of financial support from your deceased loved one. We serve multiple areas in and around New York City, including Brooklyn, Manhattan, Queens, Staten Island, Nassau County, and The Bronx.

If you find yourself navigating the pain of a wrongful death, don’t hesitate to seek out skilled attorneys like our team at Hill & Moin, LLP. With support from a dedicated legal team that understands your situation, you can seek justice and fair compensation for your losses.

The road ahead may be challenging during this difficult time, but the right legal team can make all the difference when seeking justice. Reach out to Hill & Moin today at (212) 668-6000 to learn about your Personal Injury Recovery SolutionsⓇ.

Don’t wonder about your rights!

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A slip-and-fall accident can happen suddenly and when you least expect it. NYC Health has reported that unintentional falls are the leading cause of injury-related hospitalizations in New York City.

Property owners have a certain level of liability and responsibility for the safety of their visitors. A slip-and-fall involving a property hazard can leave you seriously injured. If you can prove the property owner’s negligence caused or contributed to your accident, the property owner could be held liable for the losses related to what happened.

Have you or a loved one been injured in a slip-and-fall accident? If so, Hill & Moin LLP is here to help. Contact us today at (212) 668-6000 to schedule a free initial case consultation.

What You Need to Prove in a Slip and Fall Case

Some people assume that if they fall and are injured on someone else’s property, the landowner will automatically be liable for their medical bills and other losses. However, this does not always turn out to be the case.

If you sustained an injury in a slip-and-fall accident, you will need to establish that the business, home, or landowner failed to take reasonable steps to protect you.

For your slip and fall claim to be successful, you must be able to prove the following.

A person’s status on the property

Property owners have a legal duty of care – an obligation – to keep their premises safe for visitors and guests. However, the duty of care that a property owner owes to an individual depends on the person’s status on the property at the time of the accident.

The three types of visitors to a property are:

• Invitees: An invitee is someone who was invited onto the property – even with an implied invitation. Examples of invitees include hotel guests, patrons of a restaurant, customers in a store, patients at medical facilities, and contractors hired to do work at one’s home.

• Licensees: A licensee is someone who visits the property for his or her own purpose. Examples include a friend or family member stopping by to visit or a door-to-door salesman.

• Trespassers: A trespasser is someone who enters the property without consent. Typically, property owners do not have an obligation to warn trespassers of dangerous property conditions. However, the specific laws regarding this will depend on the state where you reside.

A hazard existed on the property

The first step in establishing liability is proving that a hazardous or dangerous condition existed on the property.

The following are examples of property conditions that contribute to slip-and-fall accidents:

• Ice and snow on parking lots, sidewalks, and stairs
• Torn or ripped carpet
• Poor lighting
• Debris in walkways
• Recently mopped or slick floors
• Broken or missing handrails

The property owner was aware of the hazard

You will also need to prove that the property owner caused the hazardous property condition, knew about it, or reasonably should have known about it. This element of a premises liability case is the breach of duty of care – often the most difficult to prove.

For example, if your fall was caused by a structural defect, such as a broken handrail, you will want to find proof of how long the handrail had been broken. If it had been for some time, the property owner probably should have been aware of the issue.

The property hazard was the cause of the injury

For a slip and fall claim to be valid, you must also prove that your injury was a direct result of the dangerous property condition. The property owner’s negligence in failing to maintain his or her property must be directly related to your injury.

For example, if you claim that you sustained a back injury, you must prove the injury was directly caused by the slip-and-fall rather than some unrelated incident.

The accident victim suffered damages as a result of the slip-and-fall

You will also need to show that you have sustained damages as a direct result of the property owner’s negligence. This is because, if there are no damages to show for it, then there is nothing to be compensated.

Financial losses incurred as a result of a slip-and-fall may include:

• Medical expenses
• Lost earnings
• Pain and suffering

Evidence Used to Establish Liability in Slip and Fall Cases

A slip and fall case is only one type of premises liability claim. As the plaintiff in a premises liability case, the burden of proof lies with you. This means that you must gather evidence showing the property owner’s negligence is related to your injury.

The following are different types of evidence used in slip and fall cases.

Photos

If possible, take photos of what caused your accident immediately afterwards. It is important to take photos as soon as possible – otherwise the evidence could be removed.

For example, if your fall was caused by ice or snow, this evidence will be gone as soon as it is cleared or melts. Or if you slip on a liquid spilled in a grocery aisle, the store owner will likely make sure the spill is cleaned up quickly after the incident.

Video footage

One of the most solid forms of evidence in slip and fall cases is a video recording of the fall taking place.

Most businesses and some residential buildings have CCTV surveillance footage recording the premises. A personal injury lawyer can help you request a copy of the footage from the building owner.

If CCTV footage is not available, it is possible that your fall may have been caught on a security system doorbell camera or by someone recording a video with a smartphone.

Items of clothing

While it may seem odd, the clothing you were wearing at the time of the slip and fall case could be used as evidence. Do not wash or discard the shoes and clothing you were wearing at the time of the accident. Instead, place them in an airtight bag or container and give them to your personal injury lawyer.

If your fall was the result of debris or spilled liquid on the floor, any residue on your clothing could be used to provide evidence of the existence of the hazard.

Additionally, some defendants try to dispute a slip and fall case by claiming the plaintiff was wearing improper footwear. Preservation of the shoes you were wearing at the time of your fall can be used to dispute this defense.

Witness statements

If any people were present at the time of your slip-and-fall, ask them if they are willing to give a statement about what they witnessed. You could use your smartphone to record statements about their version of events.

Be sure to ask eyewitnesses for their contact information. Your personal injury attorney may need to contact them later on and request that they testify in court. Juries will often give a lot of weight to the testimony of neutral third-party witnesses.

Medical records

It is vital to seek medical treatment immediately following your fall even if you initially feel fine. Adrenaline and the stress of the moment can mask symptoms that become apparent in the hours and days following your fall.

Furthermore, failure to seek medical help right after the incident could lead to the defendant claiming that your injuries were pre-existing rather than directly caused by the slip-and-fall accident. Medical records provide a paper trail connecting your injuries to the slip-and-fall.

Incident reports

An incident report should be completed if your slip-and-fall took place on commercial property. Obtaining a copy of an incident report form from the supervisor on site and filling it out can prove useful to your case.

The incident report could give you a preview of the property owner’s potential defenses. For example, if the business owner puts in the report that you were to blame for the accident, you can expect that will be his or her defense if the case goes to trial.

Additionally, eyewitnesses to your fall that you were unaware of could be listed in the report. These witnesses could provide testimony beneficial to your claim.

A Personal Injury Lawyer Can Help You Gather Evidence for Your Slip-and-Fall Accident

After sustaining a slip and fall injury, you may be debating whether to gather evidence and file a claim on your own or seek the help of an attorney.

Some people hesitate to hire a slip and fall lawyer because they are concerned about the costs. However, most personal injury lawyers work on contingency. This means you will not pay any upfront costs to retain their legal services.

One of the many benefits of having a lawyer on your side is that he or she can help you obtain proof of your slip-and-fall and maximize your settlement in the following ways:

• • Conduct an investigation: To acquire evidence, one of the first actions your slip and fall attorney will take is to launch a full investigation into your accident. This may involve viewing security footage, speaking with witnesses, reviewing incident reports, visiting the accident scene, and more.

• Subpoenaed evidence: A slip-and-fall accident lawyer can subpoena evidence that can be used to demonstrate liability. This could include video footage from surveillance cameras, maintenance logs, and repair records.

• Consult experts: Lawyers sometimes collaborate with accident reconstructionists and engineers to get a clearer understanding of how an accident occurred. They may also consult vocational experts and medical professionals to thoroughly understand how your injuries affect your future.

• Record testimony from friends and family: The damages you recover often depend on how your slip and fall injuries have affected your life. Your lawyer may ask your loved ones to testify how your injury has impacted your ability to join in family activities, take care of yourself, or engage in hobbies.

• Protect your rights: The property owner, along with his or her representatives, may try to place full or partial blame on you for the slip-and-fall. They could claim that the hazard and danger were foreseeable or that you were exaggerating your injuries. Your lawyer will work to shift the blame from you and defend your rights.

• Negotiate with insurance companies: Your personal injury attorney can handle all negotiations with the insurance company on your behalf. Your attorney will be familiar with the tactics insurers use to devalue a claim and know how to combat these in order to get you a fair settlement that fully compensates you for your losses.

Let Us Help You Establish Liability After a Slip-and-Fall Accident

At Hill & Moin LLP, we understand the serious consequences of a property owner acting negligently. A slip-and-fall accident lawyer can help you:

• Identify all parties responsible for your injuries
• Establish liability
• Provide insight into what evidence might be available to strengthen your case

Our law firm serves multiple areas in and the vicinity of New York City, including Manhattan, Queens, Brooklyn, Bronx, and Nassau County. We offer all potential clients a free case consultation. We take all personal injury cases on contingency. This means we only get paid if we recover compensation for you, so you don’t pay us out of pocket.

Our experienced legal team truly cares about our clients. With Hill & Moin on your side, it is “like having a lawyer in the family,” as our clients have told us. Contact us today at (212) 668-6000 to learn about your Personal Injury Recovery SolutionsⓇ.

Don’t wonder about your rights!

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It is almost impossible to overstate the importance of medical documentation in personal injury claims. From the first hospital visit after your accident through to the time of your final treatment session, each piece of evidence paints a picture of what you have endured. Thus, your medical treatment will help a personal injury attorney to work on your behalf, build a strong case, and pursue the compensation you deserve.

In this article, we will explore why medical documentation is so critical. We will also consider how to collect comprehensive medical documentation and how an experienced personal injury attorney may use it throughout the claims process.

Why Medical Documentation Matters

Every personal injury claim hinges on proving – among other things – that your accident was the direct cause of your injuries. Proper medical documentation makes it possible to prove this causation. Once the link has been established, the seriousness of your injuries can then be considered.

Although the goal of personal injury claims is to avoid going to court, they still have the legal framework similar to that of a lawsuit.

To build a strong personal injury claim, an attorney must establish the following:

• Duty of care: The negligent party must have breached his or her duty of care toward you

• Breach of duty of care: By his or her negligent actions or inactions, he or she breached the duty of care

• Cause: The breach was the direct cause of your injuries; medical documentation may provide objective evidence to prove this point

• Compensation: The injuries you sustained caused financial losses, for which you are entitled to compensation; again, medical records can provide crucial evidence to show the impact of your injuries on your life

A personal injury claim would not be viable without medical documentation to establish cause and compensation.

How Medical Records Establish Cause

Whether you were injured in a car accident, a slip-and-fall accident, were hurt at work, or had other circumstances that led to your injury, the onus is on you to prove that your accident caused your injuries. Medical documentation can help prove the accident caused your issues and that you did not have these problems before.

Expert witness testimony

Your personal injury attorney is not a medical expert. However, he or she can call upon qualified expert witnesses with experience in the medical field to review relevant medical documentation and determine the cause of your injuries. Their testimonies could be valuable when establishing liability and fighting for your rights.

Nullify the pre-existing conditions defense

A common tactic among insurance adjusters is to claim that your injuries were not caused by your accident. They may try to argue that your condition was pre-existing or contributed to your accident in some way.

An objective review of your medical records from prior to and after the accident could strengthen your case. It could prove that you did not have these injuries before and that your state of health did not put you at greater risk of being involved in an accident.

Medical Documentation and Fair Compensation

Your personal injury attorney must prove that the compensation you are seeking is reasonable for the injuries you sustained. Medical documentation is one primary way to prove your injury claims.

In New York personal injury claims, you can pursue two types of compensation:

1. Economic losses: Actual expenses, such as hospital bills, tests, medications, therapies, and lost earnings due to your injuries

1. Non-economic losses: Intangible losses that could include pain and suffering, disfigurement, or loss of enjoyment of family life

Calculating economic compensation

Keeping detailed records of all medical expenses will help your attorney calculate the actual cost of your medical treatment and lost earnings to date. This information can also be used to predict your long-term medical expenses if you have a long-term condition.

For example, if you sustained a severe traumatic brain injury (TBI), you may have required extensive treatment over a long period of time. This could have included an extended hospital stay followed by intensive rehabilitation.

You may have finally reached maximum medical improvement but still require caretaker support. Naturally, you will have lost earnings along the way and may be unable to return to the work you did before.

Comprehensive medical records help build a clear picture of the accident’s impact on your life. Rehabilitation records may demonstrate the tasks you can perform independently and those with which you continue to require assistance.

Medical experts can use these records to make a long-term prognosis and estimate the medical care you will need in the future. This testimony allows your attorney to calculate the cost of future care and lost earnings.

Calculating non-economic compensation

Medical records are also crucial for calculating non-economic compensation. These records allow your attorney to create a treatment timeline.

Medical records not only show the cost of your treatment at every stage but can also speak to the extent of your suffering. You may be able to add weight to this by keeping a personal injury journal detailing your suffering each day.

Attorneys and insurance companies often use the multiplier method in personal injury claims involving serious injuries. This involves multiplying your economic losses by a certain number to obtain a figure for non-economic compensation. For less serious injuries, the figure may be closer to 1, whereas more serious injuries may multiply the losses by as much as 5 times the economic loss figure.

It is clear that, without detailed medical records, you would face an uphill legal battle to prove you are entitled to the compensation you need. However, ensuring the existence of solid medical records makes it much easier for a personal injury attorney to calculate fair compensation and fight tenaciously to try to secure it.

Medical Documentation: What You Need

Relevant medical documentation that can support a personal injury claim includes evidence from both and after your accident. It could include the following and more.

Medical records

Your attorney and the insurance company may request your medical records from before your accident. The goal is to understand your state of health before the accident.

Medical records include details regarding:

• Diagnoses
• Investigations
• Treatments
• Prescription medications
• General notes from your main healthcare provider

Emergency room records

If you were seriously injured and required immediate medical attention in the emergency room, these notes can testify to your condition right after the accident.

Diagnostic tests and results

Collect all lab reports, X-rays, MRIs, CT scans, and the results of other diagnostic procedures. These can paint a clear picture of the immediate impact of the accident and show why further treatment was necessary.

Treatment notes

Your treatment notes should include a detailed description of the injuries you sustained and the treatment plan put in place. The notes will provide a chronological account of your recovery.

Treatment notes could be crucial in establishing causation and strengthening your claim for non-economic damages.

Other medical evidence

Serious injuries often require extensive rehabilitation. Notes from physical therapy and other treatment sessions can provide valuable insights into your recovery and the likely long-term impact of your injuries.

Collectively, these medical records should provide a detailed account of your injuries from the time of your accident until reaching maximum medical improvement. However, mistakes in medical records could create challenges when seeking compensation.

Common Issues With Medical Documentation

We would all expect healthcare providers to keep meticulous records. Sadly, in reality, this does not always happen. Missing records and other mistakes could make it harder for you to prove how your injuries have impacted your life.

From the start of your treatment, it is important to keep track of your medical documentation to avoid the following issues:

• Lack of detail: What if the doctor or other healthcare provider’s notes are incomplete or ambiguous? The opposing parties could pounce on this to contend that your injuries are not as serious as you claim.

• Delay in releasing records: This can cause gaps in the medical narrative, creating doubts about the accuracy of the records.

• Inconsistencies: Conflicting information from different healthcare providers could weaken your case.

• Not documenting pre-existing conditions: Pre-existing conditions may not have caused your accident, but it may have made them worse. Failing to document this impact could make building a strong personal injury case harder.

Gathering the Medical Documentation You Need

Collecting medical evidence requires diligence and consistency. The following steps can help you keep track of everything you need:

1. Request copies of all previous medical records
2. Keep a diary of all medical appointments, including details of what happened at each appointment
3. Maintain a single file in chronological order with all of your medical documentation
4. Consider creating a summary that outlines the key information from each document
5. Create digital copies of all medical documentation to make finding and sharing documents easier

Legal professionals may be able to assist with this process. However, the more medical documentation you can provide, the faster they may be able to build your case and begin negotiations.

Seek Justice With Hill & Moin

Proper medical documentation can make a huge difference in your personal injury claim. With detailed medical records, an experienced personal injury attorney can build a complete picture of your injuries. He or she will be able to calculate a fair settlement and fight hard in pursuit of the compensation you need to rebuild your life.

Working with the legal team at Hill & Moin is like having a lawyer in the family. We care about getting justice for our clients and use all our resources to fight tenaciously for their rights. This determination has allowed us to secure seven-figure settlements for many clients.

Now is the time to discover what our experienced and compassionate attorneys can do for you. Call (212) 668-6000 today to learn about your Personal Injury Recovery SolutionsⓇ.

Don’t wonder about your rights!

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Picture this: NYC under a fresh blanket of snow – it’s like a winter postcard. But hidden beneath that snowy scene lies a sneaky hazard: ice. It’s easy to slip, fall, and get hurt on these icy patches. That’s where we come in. We’re here to help you understand what to do if you find yourself taking an unexpected tumble this winter.

NYC’s Winter Slippery Surprise

We all know NYC winters can be tough. That snow might look pretty, but it can turn into a slippery mess real quick. When you fall and get hurt, it’s not just about the pain. There can be medical bills, lost time at work, and a whole lot of stress.

What’s the Deal with Slip and Fall Laws?

Here’s the lowdown: If you slip and fall because of ice or snow, someone might be responsible for not keeping things safe. But proving that in court can be tricky. It’s all about showing that the person in charge of the place where you fell knew about the danger but didn’t fix it.

How Hill & Moin Can Help You

We at Hill & Moin are like detectives for slip and fall cases. We dig deep – taking pictures, talking to people who saw what happened, and looking at weather reports. We want to make sure we have all the details to tell your story right.

Your Rights and What You Could Get

After a nasty fall, you might worry about money for doctor’s visits or the paychecks you miss while you’re healing. That’s totally fair, and you deserve help with that. We fight to get you money for all those things, plus compensation for the pain and hassle you’ve gone through.

Why You Shouldn’t Wait to Call a Lawyer

Here’s a heads-up: In New York, you can’t wait forever to decide to take legal action. There’s a time limit for filing your case. Plus, the sooner you get us on board, the better we can gather evidence to support your claim.

Wrapping It Up

Falling on ice in NYC is no joke. It can really turn your life upside down. That’s why having a team like Hill & Moin by your side is key. We know the ins and outs of these cases and are all about getting you what you deserve. Contact us anytime for a free consultation.

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The Bronx is a vibrant, diverse borough. But amid the bustling city’s energy and excitement accidents happen, leaving individuals injured and seeking justice. In fact, around 1.5 million New Yorkers are injured, treated, and released from the hospital every year. Sadly, an additional 8,000 victims died as a result of their injuries. Victims are often left facing serious injuries, hefty medical expenses, lost wages, and more.

Have you been hurt in an accident due to negligence or another party’s actions? If you or a loved one find yourself in this unfortunate situation, you need to have the right personal injury lawyer by your side.

But with so many options out there, how can you choose the right lawyer to handle your case?

How Attorneys Help in New York Personal Injury Cases

How can you navigate through New York’s complex personal injury laws successfully? Doing so requires an experienced personal injury attorney with a record of successfully handling personal injury cases.

Having an attorney well-versed in handling similar personal injury claims allows him or her access to resources such as expert witnesses who can provide testimony supporting your case. The injury lawyer you choose should also have a deep familiarity with local laws and regulations specific to your case.

What’s more, hiring someone skilled at negotiating fair settlements comes in handy when dealing with insurance companies. After all, the insurance companies are primarily looking after their own interests, so you need support to successfully counter their efforts.

Often, insurers will try to undervalue or deny your claim. They may pressure you to accept a low or unfair settlement that does not cover expenses like medical bills, lost wages, or future medical treatment. With the right legal representative advocating for your rights, the insurers cannot take advantage of you.

How to Find Bronx Personal Injury Lawyers

When it comes to finding potential lawyers for your personal injury case, there are several avenues you can explore. One of the most effective ways is through referrals from friends, family, or colleagues who have had positive experiences with personal injury attorneys.

Another excellent option is to do some online research. Look for a reputable personal injury law firm that works specifically on personal injury cases. Read reviews and testimonials from past clients to get an idea of their track record.

At Hill & Moin LLP, we are proud of our track record of success and honored to have helped injured victims pursue justice for many years. We invite you to view just a few of the settlements we have won for our satisfied clients. To do so, click here.

Once you have compiled a list of potential lawyers, you should schedule an initial consultation with each one. This gives you the opportunity to discuss your case and evaluate each one as to whether they are a good fit for you.

Factors to Consider When Choosing a Bronx Personal Injury Lawyer

When it comes to choosing a skilled personal injury attorney, there are several factors you should consider:

• Experience: You deserve someone who has handled similar cases before, with a proven track record of success. A lawyer who has a history of obtaining favorable settlements and jury verdicts will have the skills and knowledge necessary to navigate your case effectively.
• Knowledge: Personal injury law covers a wide range of cases, including car accidents, medical malpractice, workplace injuries, and more. Look for a lawyer who focuses on your specific type of case, as he or she will have the background needed to represent you effectively.
• Reputation: In addition to experience, reputation is also key. Look for reviews or testimonials from past clients to get an idea of what working with a particular lawyer would be like. A law firm’s good reputation can give you confidence that your case will be handled by their team professionally and efficiently.

Qualities to Look for in a Personal Injury Lawyer

When it comes to choosing the right personal injury lawyer in the Bronx, there are certain qualities you should look for.

These qualities can make a significant difference in the outcome of your case and your overall experience working with a lawyer:

• Good communication skills: Communication is another crucial factor to consider when choosing a personal injury lawyer. You want someone who will keep you informed throughout the entire process and promptly respond to any questions or concerns you may have. Ask how frequently you will be updated on the progress of your case and what methods of communication will be used. Good communication is essential for a smooth attorney-client relationship.
• Empathetic and ready to fight for you: In addition to communication skills, empathy is crucial when choosing a personal injury lawyer. You want someone who genuinely cares about your well-being and understands the impact that an accident can have on your life. A compassionate attorney will fight for fair compensation and provide support throughout the legal process.
• Detailed and focused: Attention to detail is essential in personal injury cases where every piece of evidence matters. Your chosen lawyer should pay close attention to all aspects of your case, from gathering medical records and witness statements to reviewing accident reports and expert testimonies.
• Excellent ability to negotiate: Consider whether the attorney possesses strong negotiation skills. Many personal injury cases are settled outside of court through negotiations with insurance companies or the opposing parties’ lawyers, and an attorney with excellent negotiation abilities can often secure a fair settlement without having to go through the lengthy litigation process.
• Able to create a clear case strategy: Inquire about the law firm’s approach to handling personal injury claims. Understanding their strategy will help you gauge their ability to maximize your compensation.
• Fees and case timeline: Discuss fees and payment arrangements up front, during the consultation. Additionally, ask about the potential timeline for resolving your claim from start to finish so that you can manage expectations and plan accordingly.

Questions to Ask a Personal Injury Lawyer During the Initial Consultation

During the consultation with a personal injury lawyer, it is crucial to ask the right questions to ensure you choose the best legal representation for your case.

Here are a few questions you can discuss with your potential lawyer:

• How long have you been practicing personal injury law?
• Have you handled cases similar to mine before?
• Based on the information I’ve provided, what is your initial assessment of my case?
• What are the strengths and weaknesses of my case?
• How do you typically approach personal injury cases?
• What strategy do you think would be most effective for my case?
• How will we communicate throughout the process?
• How often will you provide updates on the progress of my case?
• What should I expect in terms of milestones and developments?
• What is your fee structure? Do you work on a contingency fee basis?
• What are the possible outcomes of my case?
• What is a realistic settlement amount or judgment I could expect?
• How long do you anticipate the case will take?
• Are there any potential delays or obstacles we should be aware of?
• Can you provide references from past clients or examples of successful cases you’ve handled?
• Will you personally handle my case, or will it be delegated to other attorneys or another legal team member?

Be sure to add any questions you may think of to this list and discuss these points in detail with your potential lawyer.

Use the initial consultation as an opportunity to gauge the lawyer’s personality. Remember, you should feel heard, respected, and supported during this challenging time in your life. So, don’t rush the process when looking for the right lawyer to handle your personal injury lawsuit.

Costs Associated With Hiring a Personal Injury Law Attorney

When it comes to hiring a personal injury lawyer, one concern that often arises is the cost. You need to understand how fees are typically structured in these types of cases.

Most personal injury lawyers, including Hill & Moin, work on a contingency fee basis, which means they only get paid if they win your case.

Contingency fees are usually a percentage of the settlement or jury verdict that you receive. This arrangement allows anyone, even individuals who may not otherwise have the financial resources, to seek legal representation. This method of payment also incentivizes lawyers to work hard on your behalf, as their payment is directly tied to the outcome of your case.

Every case is unique, so costs and fees may vary depending on factors such as the complexity of your case or whether it goes to trial. Be sure to discuss fee arrangements in detail with the attorneys during your initial consultation.

Make sure you fully understand the law firm’s fee structure and any additional costs or hidden expenses that may be involved, such as court filing fees or expert witness fees.

Keep in mind that while hiring an experienced personal injury lawyer may seem like an added expense, doing so can actually increase your chances of receiving fair compensation for your injuries. A skilled attorney knows how to negotiate with insurance companies and navigate the complex legal process effectively, thereby maximizing your compensation.

Red Flags to Watch Out for When Choosing a Personal Injury Attorney

Choosing the right personal injury lawyer is crucial for the success of your case. However, not all lawyers are created equal, and there are certain red flags you should be aware of when making your selection.

Beware of lawyers who make promises that seem too good to be true. While it is natural for attorneys to express confidence in their abilities, if they guarantee a specific outcome or promise an unrealistically large settlement, it may be a sign that they are more interested in getting your business than fighting for your rights.

Furthermore, beware of lawyers who pressure you into accepting settlements quickly without thoroughly evaluating all aspects of your case. It is essential that your attorney conducts a thorough investigation and explores all possible avenues before advising you on settlement offers.

Another red flag is poor communication. If a lawyer takes days to respond to your emails and calls or fails to keep you updated on the progress of your case, this could indicate a lack of dedication or organization.

Lastly – but certainly not least – trust your instincts when meeting with potential attorneys. If something feels off during the initial consultation or you are uncomfortable discussing personal details with them, it might be best to continue searching for someone else who better aligns with both your ideal level of professionalism and personal rapport.

By being vigilant about these red flags, you can avoid falling prey to unscrupulous lawyers who may not have your best interests at heart during this challenging time.

Hill & Moin’s Personal Injury Attorneys Are Ready to Fight for You

At Hill & Moin LLP, our experienced team understands just how overwhelming it can be to sustain injuries due to someone else’s negligence. That’s why we offer free consultations – so you can learn your legal options.

Over the years, Hill & Moin’s team of personal injury attorneys has built a strong reputation for securing satisfying results for our injured clients. Likewise, when you hire Hill & Moin as your personal injury lawyers, you can trust that we will fight tirelessly on your behalf as well.

Focus on your recovery and leave the legal footwork to experienced personal injury lawyers. We can negotiate with the insurance company, and if the insurance company refuses to offer a fair settlement, we can take your case to trial.

Personal injury cases that we handle for injured clients include:

• Premises accidents
• Nursing home abuse
• Construction accidents
• Workplace accidents
• Wrongful death claims
• Medical malpractice
• Transportation accidents
• Slip-and-fall accidents
• Police brutality
• Auto accidents
• Other causes of serious injury

We understand the physical, emotional, and financial toll that an accident can take on you and your family. When you hire us, our legal team will leave no stone unturned when seeking justice on your behalf.

If you have sustained injuries due to a car accident, medical malpractice, or someone else’s actions another way, contact our law firm today. During a free initial consultation, a Hill & Moin personal injury attorney can help you understand your Personal Injury Recovery SolutionsⓇ.

To schedule a free case evaluation, call (212) 668-6000 or complete our contact form. A Hill & Moin representative will reach out to you as soon as possible.

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Imagine putting your trust in a medical professional only to have that trust shattered by negligence or improper care. Unfortunately, medical malpractice is an all-too-common occurrence in the United States, including right here in the Bronx. 

When healthcare providers fail to meet accepted standards of care, innocent patients can suffer devastating consequences. But when you pursue justice for medical malpractice victims, you can contribute to a safer healthcare system for everyone. 

Don’t let powerful institutions and insurance companies intimidate or silence you. Instead, get the support you need from experienced New York medical malpractice attorneys who are committed to achieving justice. When Hill & Moin LLP takes on medical malpractice cases, we aim to hold negligent healthcare professionals accountable for their actions.

What is Medical Malpractice?

Medical malpractice is a term that refers to the negligence or incompetence of a healthcare provider. It also entails when medical professionals administer substandard treatment that results in harm or injury to patients. 

Medical malpractice is a serious issue that affects countless victims across the United States. Many of us willingly place our trust in medical professionals to provide us with quality healthcare. Unfortunately, mistakes can and do happen. However, unlike other types of mistakes in daily life, medical errors can be life-altering or even life-threatening.

When medical providers fail to meet the accepted standards of care, their careless actions or omissions can lead to adverse outcomes for their patients. The prevalence of medical malpractice in the country is alarming, highlighting the need for victims to seek justice.

In order for an act to be considered medical malpractice, these elements must be present:

• A doctor-patient relationship was established
• The healthcare professional being held responsible had a duty of care towards the patient
• The healthcare provider’s negligence breached this duty of care
• As a direct consequence of this breach, harm or injury was caused to the patient

The Prevalence of Medical Malpractice in the United States

According to some studies, medical errors are one of the leading causes of death in the United States. This includes misdiagnosis, medication errors, surgical mistakes, and more. These errors not only result in physical harm but can also cause emotional distress and weighty financial burdens.

Not all instances of medical negligence lead to legal action. However, it is crucial for victims and their loved ones to recognize when they have a viable medical malpractice claim. Seeking legal help from an experienced attorney knowledgeable in this area of law is essential.

The prevalence of medical malpractice cases serves as a reminder, showing why pursuing justice for victims is so crucial.

Why is it good for malpractice victims to take action against negligent professionals or institutions? There may be little incentive for them to change or improve their practices or standards of care if they are not held responsible. By pursuing justice through legal means, though, victims send a message that such negligence will not go unnoticed or unpunished.

Common Types of Medical Malpractice 

Medical malpractice can manifest in various forms, such as:

• Foreign objects left behind during surgery and other surgical errors
• Anesthesia malpractice
• Traumatic brain injury (TBI)
• Delay and failure to accurately diagnose
• Health aide medical negligence
• Hospital and nursing home falls
• Organ perforation during medical procedures
• Infection management failures
• Wrongful death due to medical negligence
• Ophthalmology malpractice
• Pediatric malpractice
• Medication errors
• Administration of incorrect dosages
• Failure to monitor potential medication interactions

Birth injuries are yet another example of medical malpractice cases that occur during labor and delivery. These injuries may be caused by negligent actions such as improper use of forceps or vacuum extractors.

Other causes are:

• Failure to monitor fetal distress signs
• Fetal oxygen deprivation during birth
• Delays in performing necessary emergency C-sections

Steps to Take If You or a Loved One Is a Victim of Medical Malpractice

If you suspect that a loved one has been a victim of medical malpractice, you should take immediate action. Here are some steps you can take to protect your rights and seek justice.

Document everything

Start by gathering all relevant documentation, including:

• Medical records
• Test results
• Medical bills
• Photographs of injuries (if applicable)
• Correspondence between you and the healthcare professional
• Any other documentation related to the treatment or procedure

These documents can serve as valuable evidence for your medical malpractice claim.

Consult another healthcare professional

Get a second opinion from a different healthcare provider. This can help determine whether there were any errors or negligence in the initial treatment. Their professional analysis can thus strengthen your case.

Seek legal advice

Contact a medical malpractice attorney with a history of success in handling malpractice suits. He or she can guide you through the legal process and assess the viability of your medical malpractice claim.

Maintain open communication

Stay informed about your or your loved one’s condition. You can do this by maintaining regular communication with the treating physician. If there are other specialists involved in the care plan, request regular updates from them as well. Ask about any potential complications or errors that may have occurred.

Keep track of expenses

Keep a record of all expenses related to your or your loved one’s treatment, including medical bills, lost wages, and any other costs incurred as a result of the malpractice.

Do not speak to insurance companies

Avoid speaking to the insurance companies or signing any documents without consulting your lawyer first. Insurance companies may try to pressure you into settling for less than what you deserve, but your attorney can counteract their efforts.

Take care of yourself and your loved one

Dealing with a potential case of medical malpractice can be emotionally and physically draining. Make sure to take care of yourself and your loved one throughout the process by seeking support from friends and family, practicing self-care, and prioritizing your emotional and physical well-being. 

Medical malpractice cases can take time, so it is important to be patient and trust the legal process. And you can when you trust the lawyer handling your case, so do not delay in taking action! 

Consult a reputable medical malpractice attorney as soon as possible to learn your next steps. Medical malpractice cases are subject to strict filing deadlines (each one a specific “statute of limitations”). By acting promptly, you increase your chances of receiving justice before the statute of limitations runs out.

How to Find a Reliable and Experienced Medical Malpractice Lawyer in the Bronx

When it comes to medical malpractice cases in the Bronx, finding the right attorney is crucial. You need someone who understands the complexities of these types of cases. 

The lawyer you choose needs to have a history of success in fighting for justice on behalf of medical malpractice victims. But with so many personal injury lawyers out there, how do you know where to start?

Look for a lawyer experienced in medical malpractice law

Handling this area of law requires an in-depth understanding of medical procedures and terminology. An attorney with experience in handling personal injury claims will be better equipped to navigate your case.

Consider the law firm’s track record in handling medical malpractice 

Look for an attorney who has successfully handled medical malpractice cases before and obtained favorable outcomes for clients.

Find a compassionate Bronx medical malpractice lawyer

Medical malpractice cases can be emotionally challenging, so retaining a lawyer who genuinely cares about your well-being can make all the difference.

Seek out attorneys who offer free consultations

This initial meeting allows you to discuss your case without any financial commitment or obligation. It is an opportunity to assess whether you feel comfortable working with the law firm in question. Make sure your potential legal team has a clear understanding of your situation.

Consider reviews and testimonials from past clients

Testimonials from others can provide insight into a lawyer’s professionalism. It also sheds light on his or her communication skills and overall client satisfaction.

Finding the right attorney is essential for pursuing justice in your medical malpractice case. Take the time to research different options thoroughly before making a decision. Doing so could significantly impact the outcome of your claim.

The Legal Process of Pursuing a Medical Malpractice Claim

Seeking legal help is crucial when it comes to medical malpractice cases. Doing so ensures that you have someone on your side who understands the intricacies of medical malpractice law. 

The right personal injury attorney will fight tirelessly to protect your best interests. Here is what you can expect.

Assessing your case

An experienced medical malpractice attorney can assess your situation and determine whether you have a viable claim. If so, he or she will guide you through each step of the process.

Gathering and reviewing evidence

Your attorney will then review evidence that supports your case. This may include obtaining medical records and any documentation you gathered. He or she may also conduct interviews with witnesses or medical experts.

Filing a formal complaint

Next, your injury attorney will file a complaint against the healthcare provider or institution. This initiates the legal proceedings. From there, both parties engage in “discovery” – exchanging information related to the case. This includes depositions of witnesses and experts involved in your treatment or diagnosis.

Entering negotiations

Once the discovery phase is complete, negotiations may take place between your attorney and the defense counsel. The goal is to reach a settlement agreement without going to trial. If no agreement is reached, mediation or arbitration may be suggested.

Taking your medical malpractice lawsuit to court

What if a settlement cannot be reached during negotiations or alternative dispute resolution? You may consider filing a medical malpractice lawsuit. 

When your case goes to court, a judge and/or jury will render a decision on whether the defendants were liable for the harm inflicted on the injured victim. 

The court’s decision will weigh on the evidence presented and witness testimony given. Thus, it’s ideal to have an experienced medical malpractice lawyer building a strong case for you.

Recoverable Damages for Victims of Medical Negligence

Medical malpractice can result in lifelong injuries and suffering. Thus, for victims, pursuing justice means seeking to recover compensation for the physical, emotional, and financial damages they have endured. Recoverable damages in medical malpractice cases may include economic and non-economic damages. 

Economic damages

Economic damages aim to compensate victims for tangible financial losses incurred due to medical negligence. 

Economic damages may cover:

• Medical expenses
• Ongoing treatment costs
• Rehabilitation expenses
• Lost wages or earning capacity
• Other related financial burdens

Non-economic damages

On the other hand, non-economic damages account for intangible losses that cannot be easily quantified. In New York, these are not usually awarded in wrongful death cases.

Restitution for non-economic damages may encompass:

• Pain and suffering endured by the victim
• Psychological injuries caused by the incident
• Loss of enjoyment of life 
• Disfigurement and disability 

What if a healthcare professional’s actions were deemed particularly reckless or if intentional misconduct was involved? In such a case, punitive damages might also be awarded. 

However, punitive damages are not commonly granted. Before these are awarded, evidence showing gross negligence on behalf of the defendant is usually required.

Fighting Against Powerful Institutions Requires the Help of a Lawyer

Fighting against powerful institutions requires the guidance of an experienced personal injury lawyer. When it comes to pursuing justice for victims, taking on imposing healthcare providers can be daunting. 

These institutions, often large entities, may have extensive resources and legal teams at their disposal. As such, they make it challenging for individual victims to navigate the complex legal process alone.

By hiring the right injury attorney, though, you can level the playing field when going up against powerful institutions. You can feel confident knowing that someone who cares about your best interests is fighting tirelessly for you.

Talk to a Bronx, New York Medical Malpractice Lawyer Near Me

The attorneys at Hill & Moin LLP understand the complexities of medical malpractice claims. What’s more, we are committed to protecting the rights and best interests of our clients, who have sometimes called members of our team “the lawyer in the family.” 

This is because we care. When Hill & Moin serves as your legal representation, you can trust that we will stand by you every step of the way. From gathering evidence to building a strong case, our Bronx medical malpractice lawyers will be passionate about fighting for your voice to be heard.

When you hire the law firm of Hill & Moin LLP as your legal advocate, you are not only seeking justice for yourself. You, in effect, are speaking out against negligence and demand accountability from healthcare providers. 

In this way, you also make an important statement to the healthcare system about patient safety: Patient care must be their priority. Patient neglect can not be tolerated. 

Are you or a loved one a victim of medical malpractice in the Bronx or surrounding NY areas? If so, contact Hill & Moin LLP to discuss your Personal Injury Recovery SolutionsⓇ. Schedule a free initial consultation by calling (212) 668-6000 or filling out our online contact form.

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As a Home Health Aide Anna V. spends her days helping others with essential life tasks when they cannot complete these tasks on their own. She never imagined that reporting for duty at her own job would be the reason she herself needed to look for help of her own – from a personal injury attorney. It was a routine day of service for Anna V. when she arrived at a patient’s residence to assist with her day, starting with a walk outside for some fresh air. Approaching the stairwell, she lifted her patient’s walker to carry it down the stairs. Suddenly, a faulty stair sent her hurtling down the stairs causing her to sustain injuries to her back, knees, and shoulders. In pain and feeling like she had nowhere to turn, she reached out to the personal injury attorneys at Hill and Moin, LLP for assistance. It’s a good thing she did, as Hill and Moin brought in a whopping settlement of $448,000 for what she had endured. When describing her experience dealing with the staff, Anna V. only had the best things to say. Despite being a Russian speaker, she found communication from paralegals to attorneys alike to be thorough and detailed, never leaving her with unanswered questions. With the monetary relief secured by Hill & Moin and her sights set on the future, Anna V. plans to boost her savings and open a trust account.

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When the unexpected, heartbreaking loss of a loved one in death happens in your family, you expect the law to be on your side – perhaps especially when it was caused by someone else’s devastatingly negligent or reckless behavior. However, in such cases, the degree of fault the victim may have shared in what occurred will have an impact on the amount of compensation you may receive.

If your family member lost his or her life in such an incident, you have the right to pursue financial compensation for your loss from the responsible party. Understandably, as a grieving family, pursuing legal action may be the last thing on your mind, but a settlement obtained by means of a wrongful death lawsuit can enable you to regain your balance after losing someone close to you.

New York wrongful death negligence laws can seem both confusing and complex. The experienced wrongful death attorneys at the New York law firm of Hill & Moin, though, know the ins and outs of such claims. Thus, we are able to clarify your legal rights and guide you through the wrongful death claims process – take our insight on how New York negligence laws impact wrongful death claims below, for instance.

What Constitutes Wrongful Death in New York?

New York state law defines wrongful death as a death resulting from an individual’s negligence or intentional wrongful act.

In a personal injury case, accident victims have the legal right to file a personal injury claim and recover financial compensation for their damages. In like manner, certain surviving family members can pursue a wrongful death claim when an accident proves fatal for their loved one.

Wrongful death lawsuits allow families to get money back for costs related to the death. In a successful wrongful death case, the responsible party will be held accountable, and financial restitution will be made to those left behind.

Proving Negligence in a New York Wrongful Death Claim

To prevail in a wrongful death claim, the circumstances of the accident must be analyzed, and the at-fault party identified.

Negligence in a wrongful death case generally involves these 4 elements:

• The defendant owed the deceased a duty of care. Everyone has a legal obligation or duty to act with reasonable care so as not to injure others.

• The defendant breached this duty of care. Either by negligence or an intentional act, the defendant failed to uphold his or her legal duty.

• The defendant’s breach of care resulted in the victim’s death. If it were not for the defendant’s actions or failure to act, the victim would not have died.

• The victim’s death resulted in actual damages. Surviving family members sustained financial loss as a result of losing their loved one.

Establishing fault and negligence in a wrongful death claim is not always a straightforward process. In some cases, the fault may be attributed to multiple people or parties.

A well-practiced wrongful death attorney is able to assess the facts of your case and then advise you on how to move forward with your legal claim.

Understanding New York’s Comparative Negligence Law in Wrongful Death Cases

New York follows the comparative negligence rule when it comes to personal injury law. That same rule applies to wrongful death cases.

The comparative negligence law in this state allows an injury victim to recover compensation, even if he or she was partially responsible for the accident that caused them. Likewise, the amount of restitution to which a plaintiff is entitled would be reduced by his or her degree of fault in the incident.

In a wrongful death claim, it may be found that your loved one’s own actions in some way contributed to his or her death. In such cases of contributory negligence, the damages awarded to the estate are determined by the percentage your family member was deemed at fault.

In settlement negotiations, insurance companies will apply this rule when evaluating claims. However, allocating fault is not always black and white. An experienced wrongful death attorney can help ensure that fault is properly assigned and fair compensation is pursued.

Examples of Comparative Negligence in New York Wrongful Death Claims

It is not uncommon in wrongful death lawsuits for the defendant to acknowledge his or her negligence while asserting that the deceased person was partially responsible for what happened.

Here are several scenarios in which the defendant may contend that the decedent’s death was, to some degree, his or her own fault:

• A fatal car crash: The defendant may assert that the deceased was not properly wearing his or her seatbelt

• A motorcycle accident: The defendant may claim that the victim was not wearing a helmet

• A pedestrian accident: If a driver fatally hits a jogger at night, he or she may say that the deceased person was not wearing proper reflective clothing

• A medical malpractice lawsuit: The defendant may claim that the victim failed to disclose his or her full medical history or other relevant health information prior to surgery

• A fatal slip-and-fall accident: The defendant may claim that the deceased failed to heed warning signs of the hazardous condition

These examples illustrate how common it is for both parties to share a degree of blame for a fatal incident. Oftentimes, when the degree of fault is unclear, your wrongful death attorney may consult accident reconstruction experts. These specialists can help determine how the accident played out.

If your family finds itself in this kind of situation, remember that all is not lost. In some cases, comparative negligence laws make it easier for victims to recover damages after an accident.

Potential Damages in a New York Wrongful Death Lawsuit

In pursuing a wrongful death action, the goal is to reach a settlement that will sufficiently provide for your family’s current and future financial needs while also honoring the legacy of the deceased person. Even if your family member bore some responsibility for his or her death, you may be able to seek compensation to get your family back on their feet after your loss.

You may be able to recover damages such as:

• Funeral costs
• Burial expenses
• Medical bills and medical expenses associated with the fatal accident
• Lost wages of the deceased
• Loss of household services the deceased performed
• Loss of inheritance
• Loss of medical benefits
• Loss of the deceased’s pension or retirement benefits
• Punitive damages

Losing the anticipated financial support of a loved one can have life-changing consequences.

It is essential to take the time to fully assess all your losses, both current and potential, after the death of your family member.

A knowledgeable wrongful death lawyer can assist you in assigning a monetary value to your losses. Carefully calculating your economic damages helps ensure that you seek enough financial compensation to give your family a fresh start after the tragic death of your loved one.

Additional Factors That May Impact the Amount of Compensation in a Wrongful Death Claim

All potential paths to a fair settlement agreement must be explored. Apart from the damages mentioned above, additional details may impact how much compensation you are eligible to receive after your loved one’s death.

In New York, wrongful death settlements or jury awards can vary by quite a wide margin. The conditions of the wrongful death, the degree of negligence by each party, and the life circumstances of the deceased are all weighty factors. Also considered is the impact the untimely death will have on the surviving family members.

Other factors that may affect the compensation amount in a wrongful death settlement include:

• The deceased’s income, as well as future income potential
• The deceased’s role in the family, such as primary income provider or caregiver
• Whether or not the deceased had minor children
• The age and life expectancy of the surviving spouse
• The deceased’s training and education
• The deceased’s health before his or her death
• The deceased’s age
• Medical expenses incurred prior to the victim’s death
• The circumstances of the wrongful death prove it was an accident, intentional act, medical malpractice, etc

The economic damages awarded as a wrongful death settlement will also depend, to some extent, on the financial resources of the liable party. A wrongful death lawsuit against a large entity, such as an insurance company, may result in a larger compensation award since these types of defendants have the means to pay significant judgment amounts.

The experienced wrongful death attorney you consult will work to fully understand the details of your case before making any promises. Because, not only does a quality lawyer refer cases to the best possible fit for you if necessary, but he or she will also work to make certain that every single one of your family’s losses is taken into account.

New York’s Comparative Negligence Law in Wrongful Death Insurance Settlements

Oftentimes, the simplest and most efficient way to seek compensation in wrongful death cases is to file a claim with the insurance company representing the at-fault party. In amicable insurance negotiations, this can be a relatively smooth process.

If the defendant accepts responsibility for your loved one’s death, his or her insurance company will likely offer you a settlement agreement shortly after the claim is filed. In the immediate aftermath of your loss, when you are struggling emotionally and financially, you may be inclined to accept the first settlement offer that comes your way. It is critical to consult an experienced attorney before accepting any offers.

Insurance adjusters may attempt to pressure grieving families into a hasty wrongful death settlement. When this happens to you, proceed with caution. The terms of a quick settlement may not fully compensate you for the long-term impact your relative’s death will have on your family.

Further, insurance companies will work hard to use the New York comparative negligence rule to their own advantage. Their aim is to close cases quickly and protect their own bottom line.

Insurance adjusters may do all in their power to allege that your loved one bore significant responsibility for his or her own death. They may attempt to exaggerate or even manipulate the established facts of your wrongful death case – to lower their payout to you.

Whatever your family’s circumstances may be, it is in your best interest to let a legal professional negotiate with the insurance company on your behalf. A wrongful death attorney knows the negligence laws and how these can be put to work for you and your legal rights. He or she can thus shield you from bad-faith insurance adjusters.

Before making any decisions, your wrongful death attorney will evaluate all settlement offers and make any counteroffers as necessary. If a reasonable wrongful death settlement agreement cannot be reached, you can then choose to pursue a wrongful death lawsuit.

Reach Out to a New York Wrongful Death Attorney for Advice

Losing a loved one due to another person’s negligent act can lead to intense emotional distress coupled with serious financial hardship. This is certainly understandable, but you do have hope; pursuing a wrongful death claim may alleviate some of the stress and anxiety you are under.

We understand that the entire legal process may seem daunting. New York wrongful death laws can be complicated to understand. Grieving families are in no position to navigate the legal system on their own.

The team of wrongful death attorneys at the New York law firm of Hill & Moin stands ready to ease the legal process for you. When we take your case, we will do the legal legwork so that you can focus on healing after your loss.

At Hill & Moin, our personal injury lawyers are known for their respect and compassion for every single client they represent. Wrongful death cases are extremely personal, and you deserve to work with a legal professional who will treat you like family.

When we take on your case, we will not rest until we have done all in our power to get your family on the road to emotional and financial recovery after your devastating loss. Our wrongful death attorneys are adept at holding negligent parties accountable for their actions. We endeavor to maximize all potential compensation in a wrongful death claim, even when your loved one was partially at fault.

The Hill & Moin team, well-versed in New York state law, is ready to answer your questions about comparative negligence in wrongful death claims. We serve several New York City areas, including Manhattan, Brooklyn, Queens, Staten Island, and the Bronx. We wish to give you the confidence to pursue your legal remedies for compensation.

Learn about your Personal Injury Recovery SolutionsⓇ and how you can secure your future. Call us at (212) 618-6000 or fill out our online form for a free consultation. A member of our legal team is standing by to take your call.

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Few things in life are as devastating as losing a loved one in death. If his or her death was preventable, it can be all the more traumatic. You may be reeling, mentally and emotionally, as well as facing financial hardship.

If your family member died due to the negligence or wrongful act of someone else, you have the right to bring a legal claim against the responsible party. After the unexpected passing of someone dear to you, you may feel overwhelmed by the idea of taking legal action. However, a wrongful death settlement can ease the financial burdens associated with your family’s loss.

The experienced and compassionate New York wrongful death attorneys at the law firm of Hill & Moin can help you through this difficult time. Like having a lawyer in your family, we can answer your questions and guide you through the entire legal process. This article will explain the factors involved in wrongful death claims in New York City, as well as the necessary steps in filing such claims.

What is a Wrongful Death Claim?

The purpose of a wrongful death claim is to help surviving family members recover monetary damages for their loss and ensure that the responsible party is held accountable for his or her actions. In New York, a wrongful death claim may be filed by the personal representative of the estate of the deceased person against the individual or entity liable for the death.

To file a justifiable wrongful death claim, you must prove that:

• A person died
• A person or entity was negligent, reckless, or intentionally caused harm
• That party’s negligent or intentional actions were the direct cause of your loved one’s death
• Surviving family members suffered financial damages related to the death

By establishing such facts, the deceased’s personal representative can open a wrongful death claim against the liable parties. Oftentimes, an out-of-court settlement agreement can be reached with those responsible. When this cannot be achieved, compensation may be awarded for the untimely death by trial in court.

Important Steps in Filing a Successful Wrongful Death Claim

The death of a loved one may leave you feeling consumed with grief and anxiety. It can be difficult to focus on anything but your recent loss. However, the action you take early on can significantly impact your ability to recover compensation later.

If you suspect that your loved one died as a result of another person’s intentional or negligent act, you should take certain steps as soon as possible.

Appoint a personal representative of the estate

Under New York law, only the personal representative of the deceased person’s estate can file a wrongful death lawsuit on behalf of the surviving family members. While usually a trusted friend or family member, the personal representative is not always a beneficiary of the estate.

At times, the personal representative is named in the victim’s will. In the absence of a will, the court has to appoint a personal representative.

Appointing a personal representative of the deceased’s estate takes time. It is advantageous to begin this process sooner rather than later, as it is a key step in moving forward with your wrongful death claim.

Obtain copies of the death certificate, autopsy reports, and police reports

Proving how and why your relative died is a fundamental part of the wrongful death claim. The deceased person’s death certificate, which states the official cause of death, is a crucial piece of evidence.

If an autopsy was performed, this report can provide convincing evidence of the cause of death. Further, if the police or emergency responders were called to the scene of the incident, their official accident reports can help establish what happened. Gathering such reports will lay a strong foundation for a wrongful death claim or lawsuit.

Gather additional supporting evidence

The wrongful death lawsuit process can be complicated. To successfully resolve a wrongful death claim in your favor, a great deal of evidence may be required.

Relevant evidence related to the accident could include:

• The deceased’s medical records
• Medical bills
• Photos or video of the fatal injuries
• Traffic camera or security camera footage from the scene of the accident
• Documentation of the vehicle or property damage

Additionally, proving financial damages is a significant part of a wrongful death lawsuit.

Important documents to gather include:

• Employment records
• Financial records
• Tax returns
• Insurance policies

No piece of evidence is too small or insignificant. Try to gather all the records that you possibly can. Make sure to hold on to all documentation and evidence for the full duration of your wrongful death lawsuit.

Collect eyewitness contact information

Credible eyewitness accounts of what happened can have a meaningful impact on your wrongful death claim. At times, a person did not see the fatal accident take place but came onto the scene in the immediate aftermath of the incident. In such cases, he or she may still be able to provide valuable testimony regarding the circumstances surrounding your loved one’s death.

The importance of eyewitness testimony should not be underestimated. If multiple witnesses attest to the same circumstance, this can go a long way in holding the responsible parties accountable for the victim’s death. Be sure to gather the contact information for all available witnesses.

Record your personal account of what happened

It can be emotionally taxing to recall the events that led to your family member’s tragic death. However, your personal account of what took place can have a significant effect on the legal process. As time goes by, your memory of how things unfolded may not be as clear.

It is wise to write down your account of what happened as soon as you reasonably can after your loved one has passed away. Be as thorough as possible; even small details can later prove helpful to your wrongful death case. Having a written record of events to refer to will also make explaining your position to a wrongful death lawyer easier.

Consult a New York wrongful death attorney

Wrongful death cases can be emotional, complicated, and time-sensitive. If you believe that your family member died due to another person’s negligence, there is no need to face this devastating situation alone. An experienced wrongful death attorney is the advocate your grieving family needs.

A knowledgeable lawyer can walk you through every step of the claims process. He or she can also ensure that your wrongful death claim is prepared according to New York state laws and time limits.

Having a well-practiced and understanding New York wrongful death lawyer on your side will give you confidence and peace of mind as you move forward with your claim. When you hire a knowledgeable attorney to handle your wrongful death lawsuit, he or she will do the legal legwork so that you can focus on getting your family through this.

Additional Actions an Attorney Will Take in Pursuing a Wrongful Death Claim

Your wrongful death attorney will work with you to gather the evidence proving that someone else’s actions caused the death of your family member. A thorough investigation into the events that led to the decedent’s death can help your attorney establish the certainties of the case. With convincing evidence in hand, he or she will then be able to move forward with various legal proceedings.

Initiating wrongful death settlement negotiations

Most wrongful death claims are settled with the at-fault party or their insurance company before a lawsuit is filed. Families often prefer to enter settlement negotiations before taking a wrongful death case to trial.

To begin negotiations, your wrongful death attorney will write a demand letter to the defendant and his or her insurance company. The letter may detail the circumstances of the death, name the party believed to have caused it, and explain how the evidence points to the case qualifying as wrongful death.

The demand will request compensation for all relevant losses allowed under New York state law, such as:

• Loss of anticipated financial support: The surviving spouse and other family members who relied on the financial support of the deceased may be able to recover the lost income he or she provided.

• Loss of the value of household services: You may now need to hire someone to take care of the household tasks that your family member has performed. You can request financial compensation for these costs.

• Expenses associated with wrongful death: Sadly, a death generally results in a significant amount of expense. You may be eligible to recover compensation for medical expenses, medical bills, funeral costs, burial expenses, and other wrongful death damages.

No two wrongful death cases are the same. The general goal in pursuing a wrongful death claim, though, is to reach a settlement that adequately provides for your family’s immediate and long-term financial needs.

Your lawyer can help you evaluate all settlement offers and make any counteroffers as desired. If a fair settlement agreement cannot be reached, you can pursue a wrongful death lawsuit.

Filing a wrongful death lawsuit

If the defendant or insurer refuses to come to an amicable settlement agreement, your lawyer will file a complaint in civil court for wrongful death. The complaint will outline the details of the wrongful death suit.

The complaint will include the date and time of death, what caused it, and the amount of compensation sought. It will also review the established evidence and laws that apply to the case.

Conducting the litigation and discovery phase

The pre-trial phase of a wrongful death lawsuit includes the fact-finding or discovery period. This allows time for each side to collect and exchange information about the case.

To build a strong wrongful death case, your lawyer may take such steps as:

• Requesting important documents: It is beneficial to see a copy of the defendant’s insurance policy and other financial documents. Such records will show how much potential compensation is available in the case.

• Questioning the defendant in writing: Questions may be submitted to be answered in writing under oath.

• Conducting a deposition: This is an in-person interview, given under oath, recorded, and possibly used as evidence in court.

• Interviewing expert witnesses: Under certain circumstances, the testimony of an expert witness can be invaluable in successfully resolving a wrongful death lawsuit. Expert witnesses may include medical professionals or accident reconstruction specialists.

The purpose of the discovery phase is to firmly establish the facts of the wrongful death case, ensuring that there are no surprises at trial.

Taking your wrongful death case to trial

If all settlement negotiations fail, the wrongful death case will proceed to trial. In court, each side has the opportunity to present evidence, call witnesses, and provide arguments. Additionally, each party may cross-examine the other side’s witnesses.

After the trial, the jury will deliberate and give their verdict. If you are not satisfied with the outcome, you may be able to appeal the decision to a higher court. Your wrongful death lawyers will discuss with you whether or not appealing the verdict would be advisable.

Contact an Experienced Wrongful Death Attorney for Support

We understand that this can be an incredibly painful time for you and your family. Pursuing a wrongful death lawsuit may be the last thing you think you can endure, but you can get the support you need to feel confident in seeking justice for your loved one’s loss.

The New York wrongful death attorneys at Hill & Moin can navigate you through this difficult chapter of your life. Our empathetic legal team is dedicated to defending the rights of New York accident and injury victims and their families. If we take your case, we will do all in our power to help your family recover emotionally and financially from your loss.

Contact a New York wrongful death lawyer today to learn about your Personal Injury Recovery SolutionsⓇ. We serve multiple areas in New York City, including Manhattan, Brooklyn, Queens, Staten Island, and the Bronx. Call Hill & Moin at (212) 668-6000 or fill out our online contact form for a free case evaluation. You can find out what our experienced attorneys can do for you.

Don’t wonder about your rights!

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