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A personal injury accident can wreak havoc on your life. In the blink of an eye, you can find yourself facing physical injuries, damaged property, lost income, and other financial burdens. If your accident was caused by another person’s negligent or reckless actions, you may have legal recourse for what you have gone through.

That said, the idea of pursuing a personal injury lawsuit may seem overwhelming. Additionally, misconceptions about such lawsuits may add unnecessary stress to an already challenging situation. Sadly, misunderstanding personal injury laws can result in lost opportunities for compensation, mistakes in insurance claims, and even the dismissal of valid cases.

In this article, we will discuss some common misconceptions about personal injury lawsuits. Our aim is to empower individuals to make informed decisions and avoid common pitfalls when pursuing a personal injury claim.

Frequent Myths Surrounding Personal Injury Claims

Personal injury claims and lawsuits are often key to gaining rightful compensation after an accident. However, far too often, misunderstandings and inaccurate information prevent injured parties from seeking the restitution they deserve. Please read on to better understand these frequent misconceptions.

Misconception: Personal injury lawsuits are frivolous and expensive

Frivolous lawsuits are claims with no legal foundation. In reality, most personal injury lawsuits are filed by people who have suffered real injuries. Such ones need financial compensation to cover their damages. Personal injury law allows innocent accident victims to hold the negligent party accountable for his or her actions.

Some believe that personal injury lawsuits are so expensive that only wealthy individuals can afford to file them. However, personal injury lawyers most often work on a contingency fee basis. This means that the attorney is only paid if and when the case is successfully resolved in your favor. Thus, injury victims can generally file a lawsuit without having to pay any upfront costs or legal fees.

Misconception: The insurance company will be fair in handling your personal injury claim

The truth is that insurance companies are big businesses looking to protect their own bottom line. As such, insurance adjusters rarely have your personal well-being at heart. Insurers have a vested interest in paying out as little as possible for each injury claim.

While the insurance company may play a role in the personal injury claim process, relying solely on their advice and guidance may not result in the best outcome for you. A personal injury lawyer can accurately assess the true value of your claim and protect you from low-ball insurance offers. He or she can negotiate with the insurance company on your behalf to attain a settlement that will truly meet your current and long-term needs after the accident.

Misconception: Minor injuries do not warrant a personal injury claim

Some accident victims mistakenly believe that their injuries are not significant enough to justify a personal injury claim. However, even seemingly minor harm can result in considerable medical costs, lost wages, and pain and suffering.

Injury accidents have a way of impacting your life in unforeseen ways. Regardless of the perceived gravity of the incident, if you have been hurt due to someone else’s negligence, you are legally entitled to seek compensation.

It is advantageous to seek medical attention after an accident, even if you do not think you’ve been hurt. Some injuries, even serious ones, do not fully manifest themselves for some time. A medical professional can evaluate and document the full extent of your injuries. Such records will be a crucial piece of evidence if you choose to file a personal injury lawsuit later on.

Misconception: Personal injury lawsuits are only for car accidents

While you may frequently hear of personal injury lawsuits being filed after a car accident, such cases are by no means limited to such incidents. Accident victims may file a lawsuit for any type of injury caused by another individual or entity’s negligence or careless act.

Depending on the circumstances, a personal injury lawsuit may be filed after such accidents as:

• Slip-and-fall accidents
• Trucking accidents
• Bicycle accidents
• Subway accidents
• Boating accidents
• Dog bites and animal attacks
• Medical malpractice
• Nursing home accidents
• Wrongful death
• Other personal injury accidents

Clearly, personal injury law can be applied to a wide range of accidents. What’s more, no two injury events are exactly the same. Therefore, it is advantageous to seek the advice of an experienced personal injury lawyer if you are considering taking legal action against the negligent parties.

Misconception: The at-fault party will have to pay out of pocket

At times, people hesitate to pursue a personal injury case because a family member, friend, or acquaintance was responsible for the accident. Understandably, you may fear that filing a lawsuit will cause them considerable stress and financial hardship.

However, in most cases, it is not the at-fault individual but actually his or her insurance company that pays for the damages. After all, one of the main purposes of insurance policies is to cover accidents and unexpected losses.

Misconception: You can not pursue a personal injury lawsuit for psychological or emotional damage

While physical injuries are most often the foundation of a personal injury claim, psychological and emotional damages can also be included. It is not uncommon for serious accidents to lead to depression, anxiety, and post-traumatic stress disorder (PTSD). Such psychological injuries can have far-reaching consequences.

Thus, when calculating your damages after a personal injury, it is critical to also give thorough consideration to any psychological injuries stemming from the accident. An adept personal injury attorney can help you identify all your damages so as to pursue the maximum compensation for what you have suffered.

Misconception: If you are partially at fault, you can not pursue compensation

Contrary to popular belief, you may be able to recover damages even if you bear partial responsibility for the accident. New York follows a pure comparative negligence rule. This means that you can still be compensated for your injuries, but the amount may be reduced by your own percentage of fault.

New York’s comparative negligence laws and no-fault car insurance rules can be confusing. In a personal injury case, your attorney can help you calculate both the damages and the percentage of fault belonging to each party. This will ensure that you seek fair compensation based on the events that occurred.

Misconception: All personal injury lawsuits go to court

In actuality, most personal injury lawsuits are settled outside the courtroom. Generally, personal injury cases only go to trial after all other options for resolution have been exhausted. Each party’s willingness to negotiate and settle, the strength of the evidence, and potential trial results should be carefully considered before going to court.

Misconception: Personal injury lawsuits are time-consuming

The duration of a personal injury lawsuit can vary greatly. The case’s complexity and the willingness of each party to reach a settlement agreement will both impact the timeline. Since the vast majority of personal injury cases are settled out of court, the legal process can sometimes be completed in a relatively short time.

While it may take time to reach the resolution you need and deserve, an experienced personal injury attorney can ensure that the claims process stays on track.

Misconception: Personal injury claims are easily handled without legal representation

Personal injury claims can be challenging and full of unexpected complications. Some injury victims choose to pursue a personal injury claim without the help of an attorney in an effort to save money on legal fees. Unfortunately, negotiating with a powerful insurance company without legal assistance could significantly reduce your chances of receiving just compensation.

A skilled personal injury attorney will understand all the legal procedures, laws, and rules of evidence that apply to your case. He or she can effectively negotiate with the insurance company and opposing counsel. By handling the claim yourself, you might miss out on the compensation that a well-practiced lawyer could help you obtain.

Contact Knowledgeable New York Personal Injury Lawyers for Advice

The fallout from an unexpected personal injury can be devastating. You may be dealing with chronic pain, lost income, and mounting medical bills. If your suffering is the result of someone else’s negligence or reckless act, you likely have the right to sue for proper compensation under New York’s personal injury laws.

Regrettably, common myths about personal injury claims and lawsuits hold many New Yorkers back from getting the help and restitution they need. Don’t let these hold you back. If you are unsure of your legal rights for compensation after an accident, you need sound legal advice.

The team of personal injury attorneys at the New York law firm of Hill & Moin have dedicated their careers to helping people like you. When we take your case, we will navigate you through the entire legal process. Our professional and empathetic personal injury lawyers do all in their power for each client to be able to rebuild his or her life after an accident.

You can learn about your Personal Injury Recovery SolutionsⓇ and how you can secure your future without any cost to you. Reach out to Hill & Moin today at (212) 668-6000 or complete our online form for a free consultation. A member of our legal team is standing by to take your call.

Don’t wonder about your rights!

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It was a crisp autumn day when the unthinkable happened. Jennifer M. was involved in an auto accident while riding a moped scooter in Queens. As the moped was turning a corner there was a collision with an oncoming car that resulted in Jennifer M. sustaining injuries. In pain and unsure of what to do next, Jennifer M. knew she wanted to understand her legal rights and seek justice after such an unfortunate accident. That’s when she got in touch with the legal team at Hill & Moin, LLP.

Jennifer M. met with attorney Eric Wittels who explained in a thorough yet understandable way Jennifer M.’s case and the steps Hill & Moin would take to ensure she received adequate compensation for her injuries. Through Mr. Wittel’s hard work and dedication Jennifer M. was awarded $180,000. “Eric and the staff at Hill & Moin spoke to me like we were friends, and I always felt comfortable asking questions about my case” Jennifer M. would go on to say once she received her settlement check. When asked how she would rate her experience with Hill & Moin, she gave a glowing “5 Star” Google review.

So, what’s next for Jennifer M.? She plans to buy a home in Colombia where her family is originally from and invest in her dreams of having her own day care center, proving that there is a silver lining even after unexpected setbacks.

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Driving in traffic can be frustrating and stressful, but depending on the situation, it can also make the ride especially dangerous. On one unsuspecting autumn afternoon, Will Reyes unfortunately found this to be his reality. Driving straight with the right of way on the highway, Will hardly had time to react to the vehicle which had startlingly begun to enter the lane of traffic in which he was traveling.

In the blink of an eye, the careless vehicle had pulled out into Mr. Reyes’ path, striking his vehicle on the side. Will’s body was jolted and pushed into the interior frame and steering wheel. His car came to a rest in a grassy median, and it was then that he realized he was hurt. He was swiftly seen by medical staff and found to have sustained injuries to his shoulder, leg, and knee.

Wishing to set things right, he called Hill & Moin to talk more about what he had been through. Upon reviewing the facts, they formulated a plan and got straight to work on his case. Through diligence and patience, Hill & Moin was able to secure Will a settlement of $167,000.

Looking back, Mr. Reyes has only good things to remember about his experience with Hill & Moin, noting that he gives them “all 5 out of 5 stars.” Looking forward, he has plans to resume his career, continue forward, and buy a fresh set of wheels for his new life on the go.

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When one pictures life’s joyous occasions, such as celebrating a birthday, laughter and happiness are what you might hope or even expect to experience. Woefully, S.B. wasn’t so fortunate. Setting off for an event to celebrate her sister’s birthday, S.B. and several pals climbed into the back seat of the car being driven to the venue by another friend. As they traveled along the roadway, S.B. and her friends were chatting quietly amongst themselves. Without warning, the car began to slow and just a split second later, a second out-of-control vehicle ploughed into S.B’s host vehicle from behind. Attempting to brace herself, S.B. was batted around the inside of the vehicle like a human pinball due to the force of the impact.

Although she tried to push through the distressing situation to enjoy her sister’s celebration, S.B. couldn’t ignore the growing pain she found herself to be in. Seeking medical attention, it was confirmed that she had suffered damage to her knee, shoulder, neck, and back and would require corrective surgery to treat her soft tissue injuries. Worried about what to do next and looking for clarity, on a trusted friend’s recommendation, S.B. went straight to Hill & Moin, LLP. Knowing that the firm had decades worth of knowledge and expertise, S.B. knew that the esteemed counsel of Hill & Moin would be able to confidently pursue her case and find her the relief and compensation she sought.

Reflecting on her relationship with the firm, she described Hill & Moin as “great!” An admirer of their straightforward and reliable communication, she found herself at ease with how the questions and concerns she found herself asking were invariably met with confident answers. With strategy and persistence, the attorneys at Hill & Moin negotiated a $200,000 award for all that S.B. had pushed through. With the new promise of a fresh start, S.B. now looks forward to investing in properties while also aspiring to open a hair salon of her very own.

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After a slip-and-fall, you might start taking steps to seek damages and feel confident in achieving legal reparation. However, be aware that slip-and-fall accident cases in New York depend on foreseeability. What’s more, the liable party in yours may turn out to be a different entity than you might expect.

This matters because your time is limited. When your slip and fall case is against the owner of a private property, you may have more time to start legal action against the liable party than you would against the Metropolitan Transportation Authority (MTA). When your legal action is against the MTA or a government entity such as the New York City Department of Transportation (NYC DOT), there are very strict laws limiting your right to file a claim.

If you have slipped, tripped, or otherwise fallen on someone else’s property, you cannot afford to waste your precious hours trying to identify the responsible party on your own. Rather, you need slip-and-fall lawyers with the jurisdiction and experience to look into your New York fall accident, determine who is liable for what happened, and file the necessary paperwork – all before your time runs out.

Common Slip-and-Fall Hazards in Most Places

Even if you believe your slip-and-fall mishap resulted in only minor injuries, we urge you to speak to a fall lawyer who can tell you whether or not you have a case. Even if how the accident happened seems like an everyday, unavoidable occurrence, it could be that you are facing both serious injuries and a potentially life-changing legal case.

The New York City slip and fall, lawyers of Hill & Moin LLP, want you to know that even some of the biggest fall accident cases arise from the most common of hazards.

Consider the following dangers that could arise in most environments:

• Loose mats and rugs
• Obstructions in walkways or stairways
• Poor lighting
• Poor maintenance
• Ramps
• Stairs
• Uneven or slippery surfaces
• Weather conditions such as rain, wet leaves, snow, and ice

How a Personal Injury Lawyer Can Help You With Any Slip-and-Fall Accident

When you don’t know where to turn, you need an empathetic attorney with whom you feel comfortable relating your experience and concerns.

Slip and fall attorneys can, at the very least, give you reliable advice and solid options. Generally, personal injury law firms offer a free consultation to any prospective client and may refer your case to a more suitable law firm when appropriate.

When the personal injury attorneys of Hill & Moin LLP take on your case, you can be sure that we feel confident in attaining a settlement or court victory for you. Why?

Because we want any and all clients to be able to afford the legal services they need – that is everyone’s right. Thus, we not only offer you a free consultation but also to handle your case on contingency. This means that we go unpaid if we lose your case.

Our goal for you is to attain maximum financial compensation. From there, we only take a percentage out of your settlement or court award so that both sides are satisfied – we are paid for a job well done, while you never had to pay us out of your own pocket.

Depending on whether your slip-and-fall accident occurred at work, on private property, on public transit, or in an area under government control, your legal claim might be more complicated compared to other fall accident cases.

Now, let’s break down the differences between these premises regarding New York personal injury claims.

At work or on a construction site

Did you fall at work? Depending on the specific factors of your case, you may have to file a workers’ compensation claim or a premises liability claim.

It’s better to call us than to suffer in silence. Don’t worry – regardless of your immigration status, you have rights under workers’ comp law to receive fair compensation for your injuries. 

In many secular settings, elevators, ramps, and cluttered work areas might cause you to trip. Tools or other equipment strewn about can increase the risk.

Whether you fall on a construction site or inside an office building being remodeled, there are sure to be compounded risks of slipping and falling in such an environment. These include:

• Debris in walkways
• Improperly placed cones and barriers
• Inadequate fall protection
• Insufficient warning signs
• Lack of training
• Liquid spills
• Scaffolding problems
• Uneven pavement

If you fell on a construction site as a worker or visitor, come talk to the New York City slip and fall attorneys of Hill & Moin LLP. Our attorneys are experienced in handling a wide range of construction site slip-and-fall accidents. Rest assured, our attorneys will know how to approach your unique case.

On private property

Since slip and fall personal injury cases come under an area of law called premises liability, private property cases across New York come down to one question: Could the property owner have foreseen the serious injury occurring?

This rule of New York’s differs the state from others because liability here depends on a single standard of care. Even if the injured party was not supposed to be there (such as a robber or trespasser) – the property owner can only be held liable for serious injury if he or she could have foreseen the risk and yet failed to fix the problem within a reasonable period of time.

When such circumstances lead to harm, you will typically have up to only a few years to file your personal injury claim and recover compensation. To find out how much time you have left, consult a personal injury lawyer familiar with the current laws applicable to your case.

On business property and most sidewalks

The same rule of foreseeability applies to all local premises liability cases – even when you fell on property maintained by a company – or even on a sidewalk. In the New York City Administrative Code, you will find the unique sidewalk law dictating that the owner of the property “abutting” (being adjacent or connected to) the sidewalk is responsible for keeping that part of the sidewalk safe for passersby or property visitors.

Similar to other private property cases, you may have a few years to file unless your case is an exception to the rule. It’s possible that the sidewalk is considered to be government property or that another factor further limits the time allowed.

On public property maintained by the government 

Did you trip on a public sidewalk? Did you slip when boarding, traveling on, or getting off the Staten Island Ferry? Since the NYC DOT operates that line, you may have a slip-and-fall accident against a government entity in either case.

Or do you? Regarding the foreseeability of injury, our state law is very clear on the matter. A governmental agency must have received written notice of the dangerous condition that caused your fall within a specified number of days before the incident. Otherwise, you will not be able to file against that party.

Further, when the municipality or another government entity is liable, you may have a surprisingly short time on your hands to get your legal case rolling.

Strict deadlines will apply to the following meticulous steps, according to the Comptroller’s Office:

1. Filing a notice of claim with the Comptroller’s Office
2. Settling the claim within the time allowed
3. Waiting a specified number of days after filing a notice of claim to file a lawsuit
4. Filing the lawsuit within the time allowed

Clearly, when you have been hurt in a public area, such as a park, library, playground, or road, there is little time to waste. You may have only days left to file your notice of claim, but a lawyer can make the process easier for you.

On or involving public transit

Not all public transport liability claims will arise against the government. Did you know that the MTA, operating the subway and bus system in NYC and certain rail lines beyond, is a corporate entity?

It has been reported that 15 percent of known subway-track incidents in 2022 were either slip-and-falls or medical emergencies. Even if there were extenuating circumstances leading to your fall, such as a medical condition or your own negligence, you may still have a case against the New York City transit authority responsible for maintaining the property where you fell.

For instance, were you wearing inappropriate footwear at the time you fell? This may be a factor, but under New York’s comparative fault laws, liability can be shared without entirely barring you from recovery. This means that even slip-and-fall accident victims who share 1 percent of the blame may still be able to receive 1 percent of the damages they suffered.

Suppose, for instance, that any of the following was a contributing factor to your accident. If so, your fall attorney can clarify whether the MTA or another entity may be liable:

• Defective access panels
• Improper snow and ice removal
• Inadequate lighting in subway tunnels
• Malfunctioning escalators or elevators
• Malfunctioning train or bus doors
• Poorly maintained pipes and fixtures that leak slippery liquids
• Poorly maintained platform surfaces
• Poor signage around train platforms
• Raised sidewalk gratings
• Sidewalk vaults
• Train derailments or sudden starts or stops
• Turning at excessive speeds

Remember, it matters who operates the entity in charge of the premises where you slipped and fell. The MTA may be separate from the city and state, but you still have to file a notice of claim in advance of taking legal action against them – similar to government liability claims.

So when you don’t know who is liable for your damages, how to file a personal injury claim, what deadlines and paperwork may be involved, or where to turn, call Hill & Moin LLP.

Not only does our law firm serve all of New York State, but we also have a wide-reaching network of lawyers who we trust. Thus, even when we are not suited to handle your case, we can refer you to the right fall attorneys for you.

How New York Slip and Fall Lawyers Can Maximize Your Settlement

Don’t let the hidden costs of slip-and-fall injuries upend your life. It pays to think about what you need – even long term – by taking the following steps:

1. Seeking medical attention: Rather than letting disguised injuries catch you off guard, make sure to see a doctor as soon as possible after your fall. Doing so (1) helps link your physical condition to the event in case of filing a legal claim, (2) ensures serious injuries are discovered before it’s too late, and (3) brings you peace of mind. Your slip and fall lawyer can even direct you to doctors who can give you the treatment or evaluation you need.
2. Calculating the full financial impact: A slip and fall lawyer will be able to calculate the life-long cost of the accident that caused your injuries. He or she will leave no stone unturned in totaling up fair compensation on your behalf. You may be able to pursue damages you didn’t think of, such as the costs of getting to your physical therapy appointments and other medical expenses, long-term prescription medications, or unavoidable job changes and lost wages.
3. Considering emotional damages: Adding up the medical bills, lost wages, and other financial repercussions of your fall may not be enough to ensure you are compensated fairly. An experienced slip and fall lawyer knows this and will not overlook the emotional and psychological impact of a serious injury.

Whether the fall accident took place on public or private property, your case will fare better when you work with experienced personal injury attorneys.

Get Affordable Assistance With Any Slip-and-Fall Accident Case

Even if you are unsure whether or not you want to file a legal claim regarding your slip-and-fall, we recommend that you at least speak with a slip-and-fall claims attorney before deciding not to proceed, speaking to an insurance adjuster, or taking any other steps forward.

This decision could be life-altering for both you and your family. That’s why we at Hill & Moin LLP aim to give anyone and everyone hope for the hardships they are experiencing. Come talk to us during a free consultation where we can assess your case and answer your questions.

At our personal injury law firm based in New York City, we aim to give fall victims an experience that makes them come away saying that working with us feels like having “lawyers in the family.” Some of our clients over the years have said that because we show each and every one that we care about them, their well-being, and their financial recovery.

So don’t be shy – schedule an appointment with our New York City slip and fall attorneys to learn about your Personal Injury Recovery SolutionsⓇ. Call (212) 668-6000 today.

Don’t wonder about your rights!

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Settlement: $500,000 Dollars

Antonia was heading home from work in Sunset Park when she was blindsided and hit by an oncoming car in the pedestrian crosswalk. Suffering serious injuries that required surgeries, Antonia was recommended to Hill & Moin by a close friend who knew from personal experience the benefits of working with a firm that treats clients like family.

An appointment was scheduled promptly and with her husband’s help, Antonia met with the attorneys who explained the legal process to both and promised them that Hill & Moin would do all they could to advocate and seek justice for the injuries Antonia sustained. Through hard work and total dedication to help Antonia and her family after such an unfortunate occurrence, her case was settled for the entire insurance policy of $500,000 dollars. They would not accept a penny less.

Antonia and her husband were delighted by the news and immensely grateful for the work Hill & Moin did to provide a clear and focused path forward after her debilitating accident. Antonia recommends Hill & Moin and their kind staff for all their steadfast hard work and for making their dream of purchasing their first home together a reality.

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Car accidents can turn lives upside down in an instant. Whether it’s a minor fender-bender or a serious collision, the aftermath is often filled with confusion and stress. One of the most critical aspects of navigating this chaos is proving fault. This task can feel overwhelming, though, for accident victims who are already dealing with serious injuries, medical bills, and emotional trauma.

An experienced car accident attorney can be your ally in these challenging situations – armed with the knowledge and skill to sift through evidence, negotiate with insurance companies, and ultimately help you establish fault where it may not be immediately apparent. With the legal guidance of such a personal injury lawyer, you stand a better chance of securing fair compensation for your losses.

At Hill & Moin LLP, we understand how daunting this process can be for those involved in motor vehicle accidents in New York City. Our car accident attorneys are here to guide you through every step of the legal process. Let us explore how legal representation is crucial in proving fault after a complicated car accident.

What Makes a New York Car Accident Case Complex?

New York’s comparative fault laws are designed to allocate responsibility among parties involved in an accident and adjust compensation based on their level of fault.

Comparative fault, also known as comparative negligence, is a legal principle used to determine how blame is shared among individuals involved in an accident. This means each party can be assigned a percentage of fault, and the amount of compensation you can receive is reduced according to your amount of shared responsibility.

After an accident, an assessment is made to determine how much fault each party bears. For example, if you were speeding but the other driver ran a red light, both actions are evaluated to determine their contributions to the accident.

Each party is given a percentage of fault based on their actions. For instance, if you are found to be 40 percent responsible for the accident and the other driver is 60 percent responsible, you may only receive up to 40 percent of compensation.

For a seemingly minor car accident, determining fault may appear simple and straightforward. Yet, some car accident cases can be trickier than expected. Let us explore several scenarios in which establishing fault can be complex and how a personal injury lawyer can handle the complications.

Accidents Involving Multiple Vehicles

Accidents involving multiple vehicles are among the most complex and devastating types of motor vehicle accidents. These types of collisions can result in extensive property damage, serious injury, and fatalities.

Sometimes a single event, such as a sudden stop or collision, triggers a chain reaction. For example, if a car abruptly stops on a highway, the car behind may rear-end it, causing a domino effect of other collisions with following vehicles.

Pile-ups typically occur on highways or freeways and involve multiple vehicles crashing into one another. These accidents can result in significant pile-ups, cars stacked up on each other.

Why do multi-car accidents happen?

Several factors that may contribute to multi-car accidents are:

• Drivers not paying attention to the road may fail to notice slowing or stopped traffic ahead, leading to chain reactions
• Speeding, brake-checking, tailgating, and sudden lane changes can increase the likelihood of multi-car collisions
• Fog, rain, snow, and ice can reduce visibility and road traction, making it difficult for drivers to stop in time
• Heavy traffic increases the chances of rear-end collisions, which can quickly escalate into multi-car accidents
• Debris, potholes, and other road hazards can cause drivers to lose control and collide with multiple vehicles

Why is it difficult to prove fault in multi-car accidents?

Proving liability in multi-car accidents, also known as chain reactions or pile-ups, can be exceptionally challenging. Note the following reasons why establishing fault in these types of accidents is usually difficult.

Multiple parties involved

With multiple accounts of how the accident occurred, determining who is primarily at fault can be convoluted. Each driver may have a different perspective or recollection of events, leading to conflicting statements.

Complex accident scenes

The nature of multi-car accidents can often be a tangled mess of vehicles and debris. This makes it challenging to piece together a clear and accurate sequence of events. The accident scene can be chaotic, with vehicles scattered in different directions and extensive property damage, complicating the task of accident reconstruction.

Chain reaction dynamics

Figuring out the precise sequence of events and identifying the initial at-fault driver can be particularly difficult in a chain reaction. Each collision in the chain may have contributing factors from different drivers, further complicating fault determination.

Insurance complications

In multi-car accidents, multiple insurance companies may be involved, each representing different drivers. Each provider will conduct its own investigation, and conflicts of interest may occur. Negotiating with multiple insurers can be a complex and prolonged process, with each party attempting to minimize their liability.

Defensive actions by drivers

In multi-car accidents, some drivers may take defensive actions to avoid the collision, such as swerving or braking suddenly. These actions, while intended to prevent a crash, can inadvertently contribute to an accident. Determining the reasonableness and impact of these defensive maneuvers adds another layer of complexity to fault determination.

Rideshare Accidents

Rideshare accidents involve vehicles operating under the umbrella of rideshare companies like Uber or Lyft. These accidents can occur while a driver is waiting for a ride request, en route to pick up a passenger, or actively transporting a customer. Each scenario has different implications for insurance coverage and liability.

The cause of rideshare accidents

The following are just a few factors that may contribute to a rideshare accident:

• Distracted driving: Rideshare drivers rely heavily on their smartphones for navigation, communication with passengers, and managing ride requests. This dependence on technology can lead to distracted driving, which is a leading cause of accidents. Drivers may be looking at their phones instead of the road, causing them to miss traffic signals, pedestrians, or sudden changes in traffic conditions.

• Fatigue: Rideshare drivers often work long hours, sometimes late into the night or early in the morning, to maximize their earnings. This can lead to driver fatigue, which impairs reaction times, decision-making abilities, and overall alertness. Fatigue-related accidents are particularly common among rideshare drivers who balance multiple jobs or drive during peak hours when they are most tired.

• Inexperience: Some rideshare companies have minimal requirements for driver experience, leading to a diverse range of driving skills among their drivers. Some rideshare drivers may be relatively inexperienced or unfamiliar with the areas they are driving in, which can lead to navigation errors and unsafe driving practices. Inexperienced drivers are more likely to be involved in accidents, especially in high-traffic or complex driving environments.

• Poor vehicle maintenance: Rideshare drivers are responsible for maintaining their vehicles, but not all drivers adhere to regular maintenance schedules. Poor vehicle maintenance, such as worn-out tires, faulty brakes, or malfunctioning lights, can lead to mechanical failures and accidents.

What parties may be held liable?

Liability in rideshare accidents can involve multiple parties, making these car accident cases particularly complex.

Potentially liable parties include:

• Rideshare driver: If the driver was negligent, he or she could be held liable for the accident. This includes behaviors like distracted driving, speeding, or violating traffic laws.
• Rideshare company: Depending on the driver’s status, the rideshare company’s insurance policy might cover the accident. A rideshare company may have substantial policies that can provide coverage in these situations.
• Vehicle manufacturers: If a defect in the rideshare vehicle or another involved vehicle contributed to the accident, the manufacturer might be held liable.

When Dangerous Behavior Causes an Accident

Car accidents can be devastating, especially when they involve drunk driving, reckless behavior, or aggressive driving. Proving fault in these complex cases requires thorough investigation.

To prove fault, a car accident lawyer may:

• Gather evidence: The lawyer can obtain police reports and arrest records that show the at-fault driver was under the influence. Lawyers may also collect blood alcohol content (BAC) test results and witness statements.
• Request accident reconstruction experts: These experts are qualified to recreate the accident scene using evidence and data. They can thus show how the accident played out, demonstrating the actions of the drunk, reckless, or aggressive driver.
• Talk to toxicology experts: In car accident cases of drunk driving, toxicology experts can provide evidence of the driver’s impairment at the time of the accident.

These are just a few examples of complex car accidents that can make unraveling liability a challenge. Now, let us see how personal injury attorneys can establish fault.

Holding the Right Parties Responsible for Your Car Accident Injuries

If you are facing the aftermath of an accident, a car accident lawyer can establish fault and build a strong case on your behalf. Here are several ways a car accident lawyer can help prove fault in complex cases.

Investigation and evidence gathering

One of the primary roles of a car accident attorney is to conduct a comprehensive investigation into the accident.

The investigation process involves:

• Collecting accident reports and police reports: These documents provide crucial details about the accident scene, including the positions of the vehicles, road conditions, and any traffic violations noted by the responding officers.
• Interviewing witnesses: Statements from witnesses may offer valuable perspectives on the events leading up to the motor vehicle accident. A personal injury lawyer can identify and interview witnesses to corroborate the victim’s account.
• Obtaining medical records: Medical records and expert testimony can link injuries to the car accident, demonstrating the impact of the crash on the victim’s health.

Utilizing expert witnesses

With everything from a minor car accident to a more serious car accident, expert witnesses could play a pivotal role in establishing fault.

Car accident lawyers often work with:

• Accident reconstruction experts: These professionals use evidence from the accident scene, vehicle damage, and witness statements to recreate the events leading to the crash. Their analysis can be crucial in demonstrating how the accident occurred and who was at fault.
• Medical experts: Medical experts can testify about the extent and cause of the victim’s injuries, linking them directly to the accident. This testimony can be vital in proving the severity of the injuries and the need for compensation.
• Engineering experts: In cases involving vehicle defects or poor road conditions, engineering experts can provide insights into how these factors contributed to the accident.

Requirements for Proving Negligence in Car Accident Cases

Proving negligence is essential for establishing fault after a car accident. You must show that another party’s lack of care caused the accident and your injuries by establishing the following.

Duty of care

First, you must show that the other driver(s) owed you a duty of care. In the context of driving, all drivers have a responsibility to operate their vehicles safely and follow traffic laws.

Breach of duty

Next, you need to demonstrate that the other driver(s) breached this duty. Examples of breaching duty include:

• Speeding: Driving faster than the posted speed limit or too fast for road conditions increases a person’s chances of having a serious auto accident
• Distracted driving: Using a phone, eating, or engaging in other distractions while driving
• Aggressive driving: Aggressive forms of driving, such as tailgating, frequent lane changes, or other forms of reckless driving, may result in a car crash
• Drunk driving: Drunk driving accidents are caused when an individual operates a vehicle under the influence of alcohol

Causation

You must show that the other driver’s breach of duty directly caused the accident. This involves connecting the breach (e.g., speeding or distracted driving) to the collision and your injuries.

Damages

Finally, you need to prove that you suffered damages as a result of the accident.

Economic and non-economic damages can include:

• Medical expenses: Costs for treating your car accident injuries, including physical therapy for serious injuries
• Lost wages: Even if you had a minor accident, you may experience lost wages due to being unable to work
• Property damage: Costs to repair or replace your vehicle or any property damaged in the motor vehicle accident
• Pain and suffering: Compensation for physical pain and emotional distress

Even your own insurance company may complicate matters by disputing your insurance claim or offering insufficient compensation. Additionally, the serious injury threshold must be met to pursue a personal injury lawsuit in New York. Therefore, clearly establishing fault and proving damages can help you successfully seek compensation.

Get the Support You Need After a New York Car Accident

When navigating the aftermath of a car accident, proving fault can be one of the most challenging aspects. Car accident cases that involve multiple parties, conflicting stories, and intricate details can be difficult for an individual to establish liability on their own.

But you don’t have to prove fault alone. The experienced car accident attorneys of Hill & Moin can help you pursue a car accident claim. With our legal team on your side, you won’t just have representation; you’ll have a dedicated ally negotiating with insurance companies and defending any counterclaims.

Let us help you secure the compensation you need for medical expenses, lost wages, and emotional trauma. Contact us today to schedule a free consultation. Complete our online contact form or call (212) 668-6000. We’re ready to listen to your story, answer your questions, and fight for you.

Don’t wonder about your rights!

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As you begin your workday and think about all that may lie ahead, you would likely not imagine the kind of day O.P. found himself living out one fateful shift as a plumber’s assistant. Things were business as usual on the job until O.P. was assigned to work on pipes in the ceiling of the worksite. He began climbing up the ladder, which had been dangerously positioned atop unsecured planks of plywood. Abruptly and unexpectedly, the ladder wobbled and sent O.P. tumbling to the floor, slicing his hand on a wayward piece of metal on the way down. In and out of consciousness, O.P. immediately felt the pain all over his body. He was raced to the closest emergency treatment provider where it was confirmed that he had sustained damages including fractures, deep lacerations, and soft tissue injuries combined.

Frustrated and seeking atonement for his injuries, O.P. sought out the aid of the skillful and savvy attorneys at Hill & Moin. Looking back, O.P. is grateful for the inclusive energy from Attorney David Zwerin that really made him feel like a part of the team from start to finish. He pointed out that the staff were always helpful, especially when it came to providing case updates and staying in touch.

Hill & Moin’s persistence and expertise paid off for O.P. when the Court granted the injured plaintiff summary judgment on liability. Thereafter, he was delivered the earth-shattering news that his case had settled for $3.5 million, an amount he could not have imagined in his wildest dreams. Moving on with a fresh start, O.P. is eager to start a savings fund to prepare for whatever the future may bring and to take life one step at a time.

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One can never be too unassuming in life, even while performing routine and seemingly mundane tasks. Y.D. now knows this all too well. Walking down the stairs in her apartment building to bring her laundry to the washing machine, Y.D. was carrying her clothing when suddenly her foot slipped out from under her on an unmaintained step which was greasy and broken. In a split second, she had fallen back against the stairs hitting her head and injuring her arm. She was transported to the hospital where a fracture to her elbow was confirmed along with a concussion.

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When all was said and done, Hill & Moin changed her life by delivering a momentous $300,000 settlement. Ready to put her ordeal in the past, Y.D. is giving up the tenant life and pouring her newly gained settlement funds into owning a home of her very own.

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Often, when people think of a slip-and-fall accident, they picture a brief moment of embarrassment or a minor bruise. However, if you have been involved in a bad slip-and-fall, you know the reality can be far more severe. Slip-and-fall accidents can leave victims coping with serious physical and emotional injuries.

While many people focus on the immediate pain and medical bills associated with the injury, the hidden costs can be just as significant. As personal injury lawyers, we have seen firsthand how much slip-and-fall accidents can disrupt individuals’ lives.

Understanding the hidden costs of slip-and-fall accidents can help victims and their families feel prepared in seeking compensation.

A Slip-and-Fall Accident Can Result in Severe Injuries

Slip-and-fall accidents are often dismissed as minor incidents. However, for some victims, a slip-and-fall can lead to severe injuries that alter the course of their lives.

Let’s discuss a few slip-and-fall injuries and the impact these injuries can have on a person’s life.

Broken bones

When a person falls suddenly, the force of the impact can cause broken bones. These fractures can vary in severity from simple cracks to complex breaks requiring surgery.

The following are some common types of broken bones resulting from slip-and-fall accidents:

• Wrist fractures: Often, people instinctively reach out their hands to break a fall. This can lead to wrist fractures
• Shoulder and arm fractures: Impact from a fall can result in broken bones in the shoulder or upper arm, limiting arm mobility
• Ankle breaks: Slippery surfaces, such as recently mopped floors, can cause your feet to twist, leading to a painful ankle fracture
• Hip fractures: Statistics show that a fall is the most common cause of hip fractures among elderly adults

Spinal cord injuries

Spinal cord injuries are among the most devastating outcomes of a slip-and-fall accident. These types of injuries may occur due to landing forcefully on your back, twisting the spine in an unnatural manner, or falling from a significant height.

Depending on the location and severity of the injury, a spinal cord injury can lead to partial or complete paralysis.

Symptoms may include:

• Loss of sensation
• Reflexes or spasms
• Difficulty breathing
• Pain or intense stinging sensation
• Impaired bodily functions
• Loss of movement

Head injuries and traumatic brain injuries

A traumatic brain injury (TBI) occurs when the head experiences a violent blow or jolt, causing the brain to collide with the skull. With a slip-and-fall accident, a traumatic brain injury case results from striking your head on the ground or an object.

Types of head injuries sustained in a slip-and-fall accident may include:

• Concussions: A concussion is a mild form of traumatic brain injury that can cause symptoms such as headaches, dizziness, and confusion.
• Contusions: These are bruises on the brain tissue caused by a direct impact on the head. Contusions can lead to significant brain damage, affecting cognitive and motor functions.
• Skull fractures: A major slip-and-fall accident can lead to head trauma and fractures in the skull. This can cause bone fragments to press into the brain, leading to further medical complications such as infections or brain damage.
• Hematomas: A hematoma is a collection of blood outside of blood vessels and can occur in the brain after a slip-and-fall accident. Symptoms can include headaches, vomiting, and coma.

The Cost of Medical Care Beyond the Initial Treatment

The most obvious cost of a slip and fall injury is the cost of your immediate medical treatment. While your initial medical care was likely costly, your medical expenses may not end once you leave the emergency room.

Slip and fall injuries often result in ongoing medical needs such as:

• Consultations with specialists: Severe slip and fall injuries may require follow-up visits with specialists such as orthopedic surgeons, neurologists, or other medical professionals
• Surgical procedures: Your fall injuries may necessitate surgery, which involves not only the procedure but also costly pre-operative and post-operative care
• Physical therapy: Depending on the severity of your injury, you may require months of physical therapy and rehabilitation; treatment can be drawn-out and expensive, especially for severe head injuries or spinal cord damage
• Prescription medication: Pain management and other necessary prescription medications can become a recurring medical expense

If your slip and fall injury was a result of a property owner’s negligence, you should not have to pay these medical expenses out-of-pocket. A slip-and-fall accident lawyer can help you pursue compensation not only for current medical expenses but also for the cost of your ongoing healthcare needs.

Slip-and-Fall Accident Injuries and the Need for Home Modifications

If you have sustained a serious injury in a slip-and-fall accident, especially one that results in long-term disability or mobility issues, home modifications may be needed.

The following home modifications can ensure safety and independence:

• Accessibility improvements: Ramps, stairlifts, and wider doorways may be needed to accommodate wheelchairs and other mobility aids, allowing for smoother movement throughout the home

• Bathroom modifications: Grab bars, walk-in tubs, and non-slip flooring can provide support and stability, minimizing the risk of further falls

• Kitchen adjustments: Accessible appliances and lowered countertops and cabinets can help maintain independence and simplify daily tasks

After a slip-and-fall accident, occupational therapists may be able to assess your home and recommend changes tailored to your specific needs. Contractors experienced in accessibility modification can ensure that all installations are done correctly and safely.

If your slip-and-fall accident occurred due to someone else’s negligence and caused you life-changing health conditions, you might be entitled to compensation that can cover the cost of needed home modifications. A personal injury attorney can review your slip-and-fall case and explain your legal options.

The Financial Strain of Transportation Costs

Another cost that people do not always think about following a slip-and-fall accident is transportation fees. Recovery from a slip-and-fall may involve follow-up appointments, physical therapy, and visits to specialists. Each of these appointments requires traveling, which can be a challenge if your injuries prevent you from driving.

If you do not have access to personal transportation, the cost of taxis, public transportation, or ridesharing services can quickly add up. Additionally, the time spent going to and from appointments can result in lost wages, compounding the financial strain.

Be sure to keep detailed records of any travel expenses related to your injury for potential reimbursement. A slip-and-fall attorney can help you seek compensation for all injury-related expenses, including travel costs.

Emotional Distress and Psychological Trauma

The emotional and psychological impact of a serious slip-and-fall accident is often overlooked but can be just as debilitating as physical injuries.

Emotional injuries resulting from slip-and-fall accidents are serious and deserve attention and care. Recognizing these fall injuries and seeking appropriate treatment may be vital for a full recovery.

The following are some of the emotional and psychological repercussions individuals face following slip-and-fall accidents.

Anxiety and fear

After the initial shock of the slip-and-fall accident subsides, many individuals experience heightened anxiety and fear of falling again. Fear of falling can lead to avoidance behaviors such as being excessively cautious or avoiding places or activities where they feel the risk of falling is greater.

The feeling of anxiety can be crippling, impacting an individual’s daily routine and quality of life.

Depression

Chronic pain, medical treatments, the disruption of daily life, and the potential loss of mobility can lead to feelings of sadness and hopelessness. Social isolation, either due to physical injuries or emotional withdrawal, can intensify these feelings of emotional distress and depression.

Post-traumatic stress disorder (PTSD)

In more severe personal injury cases, a slip-and-fall accident can trigger post-traumatic stress disorder (PTSD).

Symptoms can include:

• Insomnia
• Nightmares
• Flashbacks to the incident
• Severe anxiety

These symptoms can be debilitating, making it challenging for the accident victim to move past the event and resume daily activities.

Slip-and-Fall Accidents and Loss of Income

Another potential hidden cost of slip-and-fall accidents is loss of income. Your fall injuries may prevent you from working for a period of time. Whether you work full-time, part-time, or are self-employed, being unable to return to work can lead to a substantial loss of income.

While lost wages are a direct hit to your financial stability, the impact can be even more severe if your slip and fall injury results in the inability or reduced ability to perform your job.

Factors affecting loss of earning capacity include:

• The severity of the injury: Permanent disabilities or chronic conditions can diminish one’s ability to return to his or her previous line of work.
• Nature of employment: The impact on earning capacity can vary depending on the type of work a person performs. For example, a back injury may prevent a construction worker from returning to his job, while a person who works in an office could still be able to perform his job.
• Age: Younger individuals who are in the early stages of their careers may experience a greater loss in earning capacity compared to someone closer to retirement. This is simply because they have more years of their life left to work and earn an income.
• Retraining: In some situations, injuries may be so severe that the individual is unable to return to his or her previous line of work. Further education or retraining may be required to pursue a new career path.

Why Contact a Slip-and-Fall Accident Lawyer

After being injured in a slip-and-fall accident, you deserve full compensation for all of your losses. Slip-and-fall accident lawyers can determine the true value of your personal injury claim, taking into consideration not just medical bills but also additional expenses that are often overlooked.

Proving a slip-and-fall case requires strong evidence. A slip-and-fall accident attorney can investigate your case thoroughly, gathering evidence such as eyewitness testimony, accident reports, surveillance footage, and maintenance records.

Insurance companies often aim to minimize payouts to protect their profits. They may offer quick, low settlements that barely cover immediate expenses, let alone long-term costs such as future medical bills. A personal injury attorney can negotiate with insurers on your behalf, pushing for a fair settlement that reflects the full extent of your damages and can take the case to trial if reaching a fair settlement out of court fails.

Coping with the aftermath of a slip-and-fall accident can be stressful. Hiring a personal injury lawyer allows you to focus on your recovery while your legal team handles the claims process.

Recover Full Compensation for All Slip and Fall Injury Damages

Slip-and-fall accidents can happen anywhere: in a grocery store, at the pool, or at a neighbor’s house. If your slip-and-fall accident and injury were the result of a negligent property owner, you deserve full compensation for your losses.

The hidden costs of a slip and fall injury can be extensive, impacting a victim’s financial stability and emotional well-being. A slip-and-fall accident lawyer can ensure you receive fair compensation for both obvious and hidden costs.

At Hill & Moin, we have over 50 years of combined experience in advocating for the legal rights of accident victims. We have helped our clients recover millions of dollars in damages. When you choose our law firm to represent your legal claim, you are not just another case to us. We care about our clients so much that you could say it’s like “having a lawyer in the family.”

Schedule your free case evaluation with us for affordable legal counsel today. Call us 24/7 at (212) 668-6000 or complete our contact form to learn your Personal Injury Recovery SolutionsⓇ. 

Don’t wonder about your rights!

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