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Unfortunately, due to the high volume of traffic and road congestion, car accidents in New York City are an all-too-common occurrence. In 2023, there were over 51,000 traffic accident-related injuries in NYC.

Whether it was a minor fender-bender or a serious car accident, dealing with the aftermath of your collision is no doubt stressful. In theory, auto insurance is meant to protect you after an accident, compensating you for your injuries and losses. However, in practice, insurance companies often prioritize their bottom line over providing fair compensation.

In this article, we will discuss insurance companies’ tactics to devalue car accident claims and how a personal injury lawyer can help ensure you receive the full compensation you deserve.

How New York’s No-Fault Insurance Laws Affect Your Car Accident Claim

New York is a no-fault state. This means that if you are involved in a car accident, your own insurance policy is responsible for covering certain costs, regardless of who caused the crash. This includes financial compensation for medical expenses, lost wages, property damage, and other out-of-pocket expenses.

However, your own policy may not cover all of your financial losses after a car accident. Medical coverage usually caps out around $50,000, which may not be enough if you have been severely injured. Furthermore, your no-fault insurance personal injury protection plan does not cover pain and suffering, emotional distress, or other non-economic damages – which can be significant in more serious car accident cases.

Understanding when and how to step outside of the no-fault system to file a personal injury lawsuit can be difficult. A car accident attorney can help you explore your compensation options and ensure that you take the right legal steps.

Beware of Common Insurance Company Tactics

It is important to remember that insurance companies are profit-driven businesses that are not looking out for your best interests. Their goal is to settle for as little money as possible, and they often use various tactics to achieve this – even if it comes at the expense of the accident victim’s rightful compensation.

Consider some common strategies insurance companies use to reduce or deny car accident claims:

• Quick settlement offers: The insurance adjuster may be quick to offer you a settlement shortly following the accident, while you are still recovering and unsure of the long-term impact of your injuries. These offers may not even be enough to cover your future medical bills or lost income.
• Delaying the claims process: The insurance company may intentionally drag its feet in processing your claim. They may request excessive documentation or find other ways to avoid paying your claim, hoping you’ll accept a lower offer out of frustration.
• Denial of car accident claims: The insurance company may deny your claim outright by asserting that the accident was your fault, that your injuries were pre-existing, or that they are not covered by your policy.

Since insurers do not always act in good faith, please know that trying to handle insurance negotiations without an NYC personal injury attorney can put you at a severe disadvantage. You may be left under-compensated for your injuries and financial losses.

Avoid Common Mistakes When Pursuing a NYC Car Accident Insurance Claim

It is important to avoid certain common mistakes when dealing with the insurance company after a car crash. In fact, you can maximize your chances of receiving fair compensation by:

• Delaying reporting the accident: Don’t wait too long to report the accident to the insurance company. Most insurance companies require that any car accident be reported in a timely manner, and failure to do so could lead to a denial of your claim.
• Failing to seek medical attention: If you delay getting medical help after an accident, the insurance company could argue that your injuries weren’t serious or that they were caused by something other than the collision. Be sure to get a medical evaluation as soon as possible and follow through with any recommended treatments.
• Providing inaccurate information: When speaking to the insurance company, provide clear and accurate details about the time, date, location, and the parties involved in the accident. Avoid exaggerating or downplaying any facts. Inconsistencies could hurt your credibility and negatively impact your claim.
• Admitting fault: Emotions may run high after a motor vehicle accident, and you could be tempted to apologize or accept blame. Even if you believe you were partially at fault, do not accept liability when speaking with the insurer. Any statements you make admitting fault could reduce your chances of receiving compensation.
• Providing a recorded statement: Giving a recorded statement without consulting a lawyer is not a good idea. The adjuster may ask questions designed to elicit responses that could weaken your claim. It is wise to decline given a recorded statement until you have spoken with a lawyer.
• Signing a release too soon: If the insurer sends you a release of claims or a settlement agreement, refrain from signing until you have reviewed it with your lawyer. Signing before you know the full scope of your injuries could leave you without the money you need to cover your medical treatments and other expenses.
• Handling the claim without legal representation: Some accident victims try to handle the insurance claim process on their own, thinking they will save money by not hiring a lawyer. Insurance companies have teams of adjusters and attorneys working for them, and navigating the claims process without legal help can put you at a disadvantage. An attorney from a personal injury law firm can negotiate on your behalf and make sure you recover full compensation for your losses.

Why Hire a New York City Car Accident Lawyer

Dealing with the insurance company will likely be one of the most challenging aspects of your New York City car accident claim. Consider some ways a personal injury attorney can help you get a fair settlement following a motor vehicle accident.

Negotiating with the insurer

Insurance adjusters are trained to offer the lowest possible settlement in hopes that the accident victim will accept it without question. When you don’t have a lawyer by your side, the insurance company may assume that you are unaware of the full value of your claim and try to pressure you into accepting a fast and low settlement.

Experienced personal injury attorneys are skilled negotiators who know how to challenge unfair settlement offers. Your lawyer will negotiate aggressively on your behalf to ensure that you receive money to cover all of your damages.

Gathering evidence

The insurance company may challenge the severity of your injuries or dispute liability for the motor vehicle accident. To counter this, you will need strong evidence to support your claim.

Car accident lawyers know how to gather evidence necessary to support your claim:

• Medical records: Your attorney will gather all of your medical documentation, including hospital records, doctor’s notes, and treatment plans, to demonstrate the full extent of your injuries
• Police report: Personal injury attorneys will review the official police report and use it to support your claim
• Witness statements: Your attorney will contact any witnesses who saw the accident or its aftermath; their statements may be able to corroborate your version of events
• Video footage: Lawyers will try to collect video documentation recorded at the crash scene, as well as footage from dashcams, traffic cameras, and video surveillance cameras
• Expert testimony: Personal injury attorneys will, at times, consult experts in various fields, such as medical professionals, accident reconstruction specialists, and economists, to provide testimony that strengthens your case

By compiling this evidence, your attorney will build a solid case that forces the insurance company to take your claim seriously.

Communicate with the insurer

Another benefit of hiring an accident attorney is that he or she will handle all communication with the insurance company on your behalf.

Adjusters are trained to ask leading questions and look for ways to minimize your claim. If you speak to them directly, you might inadvertently say something that could be used against you later.

Personal injury lawyers understand these tactics and know how to communicate effectively with insurance companies to avoid common pitfalls. Your lawyer will ensure that the insurance company only receives the information necessary to process your claim – preventing the insurance adjuster from twisting your words to reduce the payout.

Litigate in court

While many auto accident claims are settled out of court, there are situations where the insurance company refuses to offer a fair settlement. If negotiations are unsuccessful, your lawyer will be prepared to file a civil lawsuit and present your auto accident case in court.

Insurance companies tend to be more willing to offer a fair settlement when they know that the accident victim is represented by a lawyer who is not afraid to litigate.

If your case goes to trial, your lawyer will represent you in court, present evidence, cross-examine witnesses, and fight for the maximum compensation you deserve.

Choosing the Right Lawyer to Handle Your NYC Car Accident Case

If you have been involved in a motor vehicle accident in New York City, choosing the right law firm and attorney to represent you can significantly impact the outcome of your case. Filing an insurance claim and navigating the legal system can be challenging.

Here are some tips to ensure you select the best car accident lawyer to handle your case:

• Experience in your case type: Many personal injury lawyers are skilled in handling a variety of case types such as car accidents, medical malpractice, liability for defective products, and slip-and-falls. You want to choose a lawyer who has successfully handled cases similar to yours.
• Solid reputation: Online reviews, client testimonials, and professional recognition can give you insight into how a lawyer is viewed. Look for attorneys who are respected by their peers, former clients, and the legal community.
• Good communication skills: During your initial free consultation, evaluate how well the lawyer listens to your concerns and answers your questions. A lawyer who takes the time to explain your legal options, timelines, and potential outcomes demonstrates that he or she is dedicated to your case.
• Evaluate the attorney’s resources: A well-established law firm with access to expert witnesses, medical professionals, accident reconstructionists, and other resources can strengthen your case. Make sure to choose an attorney who has the tools and legal team needed to manage your case thoroughly, from start to finish.
• Trust your instincts: Does something feel off during your initial consultation? If so, keep looking. You need a lawyer you feel comfortable and confident in. The person you choose to represent you should be someone you can trust to fight for your best interests throughout the process.

Contact Hill & Moin for Help Dealing With Insurance Companies

Dealing with insurance companies after a car accident in New York City is no easy task. Our legal team can handle your case from start to finish, offering support and legal guidance. While a personal injury lawyer handles every aspect of filing your claim and securing compensation for your losses, you can focus on your recovery.

At Hill & Moin LLC, we take car accident cases on a contingency fee basis. You do not pay any upfront costs or fees, and we only get paid if your case is successful and you receive a settlement or reward.

If you have been injured in a car accident in New York City, NY, don’t leave your financial future in the hands of insurance companies. Contact our law firm today to ensure you get the help you need during this challenging time.

With our law firm on your side, it’s like having “a lawyer in the family,” as clients have told us. Call (212) 668-6000 to schedule a free case review and discuss your Personal Injury Recovery SolutionsⓇ.

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On a mid-November day in Williamsburg after visiting friends at their home, a Brooklyn grandmother slipped and fell down building steps, injuring her back and foot. A bystander who saw the incident immediately called emergency medical services and the Brooklyn grandmother was rushed off to the hospital. After her injuries were assessed and treated, the Brooklyn grandmother began exploring her legal options to help remedy the trauma and pain she sustained after her fall. That’s when the Hill & Moin team stepped in.

Once the Hill & Moin attorneys met with the Brooklyn grandmother they extensively explained her case to her and provided her with round-the-clock feedback to any questions she may have had regarding her case. Through our attorneys’ hard work and dedication, she was awarded over $200,000 in settlement.

When reflecting on her experience with the Hill & Moin team, the Brooklyn grandmother rated her time as excellent and overall, a great experience in spite of such an unfortunate accident. After receiving her settlement check, the client advised us that she would like to use the money she received for philanthropy purposes and donations to her community.

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Personal injury claims are a ray of hope for New York accident victims. A successful personal injury claim can free you from suffocating medical bills, lost wages, and costly vehicle repairs. What should you do if your claim is denied by the insurance company?

A rejected insurance claim can feel shockingly unfair. You might feel like giving up, especially while recovering from serious injuries and psychological pain. Yet, a claim denial does not mean you cannot eventually collect damages for your personal injury claim.

At Hill & Moin, our compassionate lawyers understand the urgency of getting the compensation you deserve as soon as possible. Our experienced legal team can inform you of your options and help dispute unjust insurance company practices. We are ready to protect your rights with the same care as if you were a member of our family.

Obtain your free, no-obligation case review. Our lawyers look forward to exploring personalized solutions to your legal problems. Contact a representative today at (212) 668-6000 to schedule an appointment.

Investigate Why an Insurance Company Denies Claims

Denied claims often blindside accident victims expecting fair compensation for losses. The first question in your mind after a denial is likely: Why? Your next concern might be what to do next.

According to PBS News, claims denials are increasing. Insurance companies deny applications for legitimate reasons, but some rejections “seem arbitrary and absurd.” The following sections discuss why an insurance company might deny your claim.

Insurance claim maximums

Insurance policies dictate the maximum amount an insurer will pay for any claim. If losses exceed these limits, the insurance company may deny a claim or offer a settlement. A personal injury lawyer can help you maximize the compensation for an injury by identifying qualifying expenses.

Missed deadlines

Many states have statutes of limitations that dictate the maximum amount of time you have to file a legal claim. These statutes vary by state, but they are generally just a few years from the date of the accident. You must follow the deadlines to avoid being barred from pursuing your lawsuit in court or appealing a denied claim.

Insurance companies also set strict internal deadlines for filing and submitting documentation. Insurers can deny even valid claims if they are late. At Hill & Moin, our satisfied clients appreciate how our legal team meticulously handles deadlines, ensuring important paperwork is completed on time.

Disputed liability

The importance of accountability varies according to the type of insurance coverage. The insurance company should provide coverage for a no-fault insurance policy if you pay premiums. So a no-fault insurer should never deny a claim based on who caused the accident.

You qualify to file a no-fault claim if you bought personal injury protection (PIP) or another policy with no-fault benefits. For other types of coverage, policy exclusions can bar you from collecting damages. Often, the difference between being paid or rejected depends on who is liable and what percentage of fault he or she carries.

Insurers might reject cases if they suspect the policyholder shares more than a certain percentage of fault. Some disputes are resolved when a personal injury attorney presents evidence and documentation to identify the other party as liable. In other cases, negotiations result in better settlements even if the client is partially at fault.

Pre-existing medical conditions

An insurance adjuster sometimes scrutinizes medical history, looking for pre-existing conditions. He or she may allege that some previous accident, injury, or healthcare condition caused your current situation. You should consider enlisting the help of a personal injury attorney to ensure your accident-related medical treatment is covered as it should be.

Insufficient evidence

An insurer can deny your claim if you don’t provide enough evidence. Contacting a personal injury lawyer before you file is a good way to avoid problems before they start.

Even after a denial, a lawyer can help you build a strong appeal by collecting additional documentation, such as:

• Photographs
• Videos
• Witness statements
• Forensic analysis
• Testimony from accident reconstructionists, doctors, and other professionals

You can bolster your chances of approval by sharing relevant documentation with your personal injury lawyer and clearly communicating the extent of your losses.

Inconsistent statements

Discrepancies in your statements or between your claim and other evidence are common grounds for claims denial. Conflicting information can raise red flags regarding the credibility of your claim. Minor errors, like missing forms and miscalculations, could cause significant problems.

Taking the time to carefully review all documentation and ensure accuracy can significantly enhance your chances of a successful claim. It is best to leave communication with insurers up to your experienced legal team to avoid unintentional mistakes. Yet, sometimes even a perfectly submitted claim might be rejected unexpectedly.

Impersonal computer algorithms

Some insurance companies use computers to process claims and appeals, sometimes leading to automated denials. While these systems aim to streamline the process, algorithms may not consider the nuances of individual cases. Lawyers who understand insurance technology can build specific language into your claim and avoid terms that could trigger a negative outcome.

Inexperienced claims adjusters

Claims adjusters play a pivotal role in determining the outcome of a claim. Inexperienced or untrained insurance adjusters may lack the skills necessary to evaluate complex cases. If you suspect your claim has been mishandled, seeking a second opinion or escalating the matter may be necessary to ensure fair treatment.

Denying claims can keep profits high for insurers. However, a rejected claim does not have to end your journey to a fair settlement. An experienced personal injury lawyer can review your denial letter and help you take legal action to fight for your due compensation.

Respond Appropriately After a Coverage Denial

Insurance claims can be tedious, with confusing terms and conditions along with a mountain of paperwork to submit. When insurance companies deny claims, accident victims can find the appeals process even more complex. Thankfully, you don’t have to handle insurance claim denials alone.

Consult a personal injury lawyer for effective guidance

Sometimes, insurance companies wrongfully deny claims. But how would the average person know whether or not their injury claim is valid? The lawyers of Hill & Moin invite you to schedule a free consultation.

During your appointment, you can ask the members of our New York law firm questions about your denied personal injury claim. After you learn what options are available, you can decide whether you would like the help of insurance law professionals to mount an appeal.

Competent personal injury lawyers offer valuable services, including:

• Contacting the workers’ comp board for work-related injury cases
• Explaining the written explanation of your denial provided by the insurance company
• Gathering evidence to support your appeal (e.g., medical records, detailed information about your treatment and recovery, indications of bad faith insurance practices)
• Researching similar cases to establish precedents of compensation and punitive damages
• Reviewing the fine print of your insurance policy for untapped benefits
• Writing a dispute letter to the insurer clearly stating the source of the problem and the requested solution

If lawyers discover that the insurance company made an error or acted unethically, they can take legal steps like those described below.

Combat bad faith insurance practices

Bad faith is when an insurance company fails to fulfill its obligations to policyholders.

Examples of cause for a bad faith claim could include:

• Denying claims without a proper investigation
• Refusing to pay claims without justification
• Failing to explain the reasons behind a denial
• Intentionally delaying approved payments

Recognizing bad faith can help protect your rights. Look for patterns of unjustified delays or repeated requests for unnecessary information. Not providing clear reasons for denying a claim could indicate bad faith on the part of the insurer.

If you suspect bad faith practices, take action to address the situation – document all communications with your insurance company, including dates and details of conversations. Your legal representative can help you file a complaint with your state’s insurance department if the insurance company is in violation of insurance laws.

A personal injury lawyer can support victims of bad-faith insurance practices. He or she can help gather evidence, negotiate with insurers, and pursue necessary legal action. Seeking compensation for bad faith practices can hold insurers accountable and ensure you receive the benefits you deserve.

Weigh your options

When an insurer denies a claim, you have options. Each choice takes a different approach to resolving the issue.

Which method is suitable for you depends on your unique circumstances, but here are some alternatives to consider:

• Mediation: A neutral third party helps both sides reach an agreement without going to court
• Arbitration: A more formal process where an arbitrator makes a binding decision after hearing both sides
• Internal appeal: The victim requests the insurance company to conduct a review of the denial, providing additional evidence or information as needed
• External review: An independent third-party organization reviews the case and makes a binding decision on whether the claim should be paid
• Lawsuits: Often as a last resort, the victim sues the insurer for breach of contract

Exploring these options can empower victims to fight back against a claim denial. Your lawyer can help you find the strategy that is in your best interest. Whatever you decide, there are actions you can take that can contribute to a favorable resolution.

Build a Personalized Strategy With Experienced Help

Many accident victims find it impossible to pay for the medical bills associated with a hospital stay or extensive rehabilitation without insurance coverage. The entire process of filing a claim seems exhausting, but the prospect of a settlement offer gives them hope. However, their faith in their policy is destroyed when the insurance company denies their claim.

Assuming that an insurance company will act in good faith is a common mistake. Personal injury lawyers know all too well their tactics to deny coverage and save on compensation. If you give up when an insurance company refuses to pay, it could mean a lot of profit they can keep for themselves.

Our New York law firm is ready to protect your legal rights if an insurer fails its duty. Sometimes a simple review of your insurance company and stern negotiations with insurance companies can produce great results. In other cases, a lawsuit is the best tool to motivate the insurance company to pay what it owes.

Winning a lawsuit does not occur by chance. An experienced personal injury lawyer must know current laws and use intelligent strategies to get the most from an insurance policy. However, solutions are not universally effective. What works for one injury claim might not work for another case. 

At Hill & Moin, our Personal Injury Recovery SolutionsⓇ can help you discover why your claim was denied and what you can do about it. Call us at (212) 668-6000 to schedule your no-obligation consultation today.

Don’t wonder about your rights!

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Despite the many cars on the road in New York City, few people leave home with the thought of being involved in a car crash. However, just this year alone, through August there have been nearly 7,500 car accidents in the city, according to NYPD citywide stats.

Car accidents can range from fender-benders to major crashes, leaving victims with minor or serious injuries. Anyone who has suffered any type of injury would naturally think of pursuing the at-fault party for compensation for damages. However, the State of New York has a law that has a direct bearing on whether car accident victims can sue a negligent driver for compensation.

New York State’s Serious Injury Law Threshold

New York follows a no-fault law. This means that, since drivers are required to carry no-fault insurance, car accident victims are entitled to receive compensation for medical bills and lost wages from their own insurers at up to $50,000 – regardless of who was responsible for the car accident. This is considered basic economic loss.

There are a few exceptions to this rule, such as if the victim was intoxicated or engaged in another type of crime while driving.

In cases where injuries and damages exceed the lower limits of no fault, the victim may have a legal right to pursue compensation from the responsible party. However, this law does not include any type of injury. So even though a person may suffer a serious injury from a car accident, he or she can sue the negligent party only if the serious injury threshold has been met, meaning the injury falls under the specific types mentioned in the statute.

Types of Serious Injuries

New York insurance law (section 5102(d)) outlines which types of injuries would satisfy the serious injury threshold.

The following injuries are specifically mentioned in the statute:

• Death: When someone’s negligence results in the death of another, this constitutes wrongful death. The family of the victim has the legal right to file a wrongful death claim to pursue compensation for the financial and emotional damages that result from the loss of their loved one.

• Dismemberment: The loss of a limb is not an injury that may heal with time. The injured person would have to go through the process of learning how to adjust to doing tasks with fewer extremities. Not only is the process of adjustment physically difficult, but it can also be emotionally devastating.

• Significant disfigurement: In an instant, a car accident can leave a victim permanently disfigured. Having to accept his or her new altered appearance can leave the person suffering low self-esteem, anxiety, and depression.

• Fracture: Victims of major car crashes can suffer broken bones externally and internally. Arms, legs, ribs, and pelvic area are bones that are typically fractured in accidents. Not only can a broken bone be extremely painful and require extensive medical treatment, but it could take a long while to heal.

• Loss of a fetus: If a pregnant woman in a car accident suffers the loss of her unborn child, this would definitely satisfy the serious injury threshold in New York. Suffering a miscarriage can be incredibly traumatic for women in general, but when the loss occurs due to someone else’s negligence, it can be crushing.

• Permanent consequential limitation of use: This refers to any organ, such as the kidneys, liver, spleen, or another body part that no longer functions at full capacity as a result of the accident. This type of injury would satisfy the serious injury threshold since the victim is left not feeling whole.

• Significant limitation of use of a body function or system: Different from being permanent, this type of injury significantly limits the use of a body function or system. An example would be a serious type of vision damage or hearing loss. Although the victim’s sight or hearing is not totally lost, such functions have become significantly impaired as a result of the crash.

• Medically determined injury or impairment: This last category refers to an injury or impairment that prevents the victim from carrying out his or her regular daily activities for at least 90 days within the first 180 days of the accident. This must be determined by a medical professional.

It is important to note that the New York state’s serious injury law applies to practically all types of motor vehicle accidents, including bicycle accidents and pedestrians.

However, motorcyclists are exempt from meeting New York State’s serious injury threshold. As such, if a motorcyclist suffers an injury in an accident, he or she may pursue compensation from the at-fault driver for economic and non-economic damages right away.

Proving a Serious Injury

In most cases, satisfying New York State’s serious injury threshold can be very complicated. It must be proven that the victim’s injury falls in at least one of the types of injuries listed in the statute. This would require, not only the victim’s own testimony, but also substantial proof backing up the claim.

Evidence can be obtained from various sources, including:

• Medical records: Proof of the extent of injuries and costs can be provided by obtaining medical records and bills. Also, receipts for medical devices and prescription medicines would show proof of damages.

• Physician’s statements: Doctors who treated the victim can submit their findings, which would include the extent and future outlook of injuries, in writing. Medical professionals’ opinions of diagnosis and prognosis carry a lot of weight.

• Tax returns and pay stubs: Providing copies of tax returns and pay stubs or 1099s can show lost income. Additionally, the victim’s employer can provide information on any overtime, bonuses, and promotions that may have been lost due to the victim’s life-changing injuries.

• Police reports: In addition to proving the extent of injuries and damages suffered, it also must be proven that the other driver was at fault. Obtaining a copy of the police report, which would provide details of the crash and the officer’s opinion as to who is responsible for the accident, can be used as evidence to support this claim.

• Eyewitness testimony: In addition to the police report, any eyewitnesses of the crash can provide their written testimonies as to what they saw regarding the accident. Their statements can provide details of the crash from different angles.

This list is not comprehensive. There are many other sources that could be used to obtain vital evidence to satisfy the serious injury threshold. This is why having the assistance of a personal injury lawyer is vital in the aftermath of a car accident.

Speak With a New York Personal Injury Lawyer Right Away

If you or your loved one has recently been injured in a car accident, do not make the mistake of assuming that your injuries do not satisfy the serious injury threshold well enough to pursue a car accident lawsuit. Speak with an experienced personal injury attorney as soon as possible.

Meeting the requirements of the serious injury threshold can be challenging. An experienced lawyer would be familiar with what would constitute a serious injury under the statute. Your knowledgeable lawyer would be able to provide you with helpful guidance on how to proceed with your personal injury claim. Keep in mind that the law firm you choose will have a direct impact on the outcome of your car accident claim.

Make the right choice by choosing the empathetic lawyers at Hill & Moin, LLP, in New York City. Our lawyers stand ready to hear your story. As some of our clients like to say, with us, it’s “like having a lawyer in the family.” Contact us today at (212) 668-6000 for a free consultation with an attorney to learn your Personal Injury Recovery SolutionsⓇ.

Don’t wonder about your rights!

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In New York City, slip and fall accidents are unfortunately common, often resulting in serious injuries. Whether it’s a slick sidewalk, a poorly maintained stairway, or an uneven floor in a commercial building, these accidents can lead to expensive medical bills, lost wages, and pain and suffering. Understanding premises liability and how it affects slip and fall claims in NYC is essential if you’ve been injured in such an incident.

At Hill & Moin, with offices in the Bronx, Brooklyn, Manhattan, Long Island, and Queens, we specialize in helping victims of slip and fall accidents get the compensation they deserve. In this blog, we’ll explain the basics of premises liability, how it relates to slip and fall cases, and what steps you should take if you’re injured on someone else’s property.

What is Premises Liability?

Premises liability is a legal concept that holds property owners and occupiers responsible for maintaining a safe environment. In New York, property owners have a duty to keep their premises reasonably safe for visitors, tenants, customers, and others who have a right to be on the property. If an owner or occupier fails to uphold this duty and someone is injured as a result, they can be held liable for damages.

How Premises Liability Relates to Slip and Fall Claims

Slip and fall accidents are among the most common types of premises liability claims. In NYC, property owners and occupiers must address hazardous conditions that could lead to falls, such as:

• Wet or icy sidewalks
• Broken or uneven pavement
• Poor lighting in stairwells or hallways
• Loose floorboards or tiles
• Spilled liquids or debris on floors
• Worn carpeting or mats

To successfully bring a slip and fall claim under premises liability, you need to prove that the property owner or occupier was negligent. This involves showing that:

1. A Dangerous Condition Existed: There was a hazardous situation on the property, such as a wet floor or broken step.
2. The Property Owner Knew or Should Have Known About It: The owner or occupier was aware (or should have reasonably been aware) of the condition but did not take appropriate action to fix it.
3. You Were Injured as a Result: You slipped, fell, and sustained injuries because of the dangerous condition.

Types of Visitors and Property Owners’ Duty of Care

New York law categorizes visitors into different types, each with varying levels of duty owed by the property owner:

• Invitees: People who enter a property for business purposes (such as customers in a store) are owed the highest duty of care. Property owners must actively inspect the premises and address any hazards.
• Licensees: These are social guests or visitors on the property for non-business purposes. Property owners must warn them of known dangers that may not be obvious.
• Trespassers: Even though trespassers enter the property without permission, property owners still owe a limited duty not to intentionally harm them or create traps.

Understanding your status as a visitor is crucial in a premises liability case. If you’re unsure of your classification, consulting with an experienced lawyer at Hill & Moin can help clarify your situation and determine the best course of action.

Common Misconceptions About Slip and Fall Claims in NYC

1. Myth: Minor Injuries Aren’t Worth Pursuing

   Many people mistakenly believe that minor slip and fall injuries aren’t worth pursuing legally. However, even seemingly minor injuries can worsen over time or lead to unexpected complications. Medical bills can add up quickly, and any disruption to your work or daily life is worth considering. Consulting with an experienced lawyer can help you understand your rights and the potential value of your claim.

2. Myth: You Can’t File a Claim if You Were Partially at Fault

   New York follows a comparative negligence rule, which means that even if you were partially at fault for the accident, you can still pursue compensation. Your damages may be reduced based on your percentage of fault, but you won’t be barred from recovering altogether. For example, if you were 20% at fault for not noticing a hazard, you could still recover 80% of the damages.

3. Myth: The Property Owner Will Automatically Be Held Liable

   Just because you were injured on someone else’s property doesn’t mean the owner is automatically liable. Proving negligence is essential, which is why it’s crucial to gather evidence, such as photographs of the accident scene, witness statements, and medical records.

Steps to Take After a Slip and Fall Accident

If you’ve been injured in a slip and fall accident in NYC, taking the right steps can strengthen your case:

1. Seek Medical Attention Immediately Your health should be your top priority. Even if your injuries seem minor, it’s essential to see a doctor for a thorough evaluation. Medical records will also serve as evidence of your injuries and their connection to the accident.
2. Report the Accident Notify the property owner, manager, or landlord about the accident. If you fell in a commercial establishment, ask for a written incident report.
3. Document the Scene Take photographs of the hazard that caused your fall, such as a puddle, broken tile, or poorly lit stairwell. If there were any warning signs (or lack thereof), be sure to document those as well.
4. Collect Witness Information If there were witnesses to your fall, ask for their contact information. Their statements could be valuable in proving negligence.
5. Consult an Experienced Lawyer Slip and fall claims can be complex, especially when dealing with property owners or their insurance companies. Having an experienced premises liability lawyer from Hill & Moin on your side can help you navigate the legal process and build a strong case.

How Hill & Moin Can Help You

At Hill & Moin, we understand the impact that a slip and fall accident can have on your life. Our experienced attorneys are committed to helping you get the compensation you deserve, including medical expenses, lost wages, pain and suffering, and more. Here’s how we can assist:

• Investigation and Evidence Gathering: We’ll thoroughly investigate your accident, gather evidence, interview witnesses, and consult with experts to build a compelling case.
• Determining Liability: We’ll identify all responsible parties, including property owners, managers, and maintenance companies, to ensure they’re held accountable.
• Handling Insurance Companies: We’ll negotiate aggressively with insurance companies on your behalf to secure a fair settlement.
• Litigation, If Necessary: If a fair settlement cannot be reached, we’re prepared to take your case to court and advocate for your rights.

With offices in the Bronx, Brooklyn, Manhattan, Long Island, and Queens, Hill & Moin is well-positioned to help slip and fall accident victims throughout NYC. Our team has extensive experience handling premises liability cases and a track record of success.

Call to Action: Get the Legal Help You Need Today

If you’ve been injured in a slip and fall accident in New York City, don’t wait to seek legal help. At Hill & Moin, we offer free consultations to discuss your case, answer your questions, and help you understand your legal options. Our team is committed to providing compassionate, dedicated legal representation to help you secure the compensation you deserve.

Contact Hill & Moin today to schedule your free consultation. Call our office at [Phone Number] or fill out our online contact form to get started. Let us be your advocate and guide through the legal process—protecting your rights and fighting for the justice you deserve.

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Depending on the severity of your fall, you might be finding it difficult to think clearly. Regardless of whether or not you hit your head or sustained severe injury in some other way, slip-and-falls call for prompt action on the part of the victim – perhaps especially in the case of falls on government property.

It may seem unfair to be so pressed for time when you have been hurt on someone else’s property, but that’s the law. Specific procedures and limitations govern all personal injury claims and lawsuits in the State of New York, but additional steps and strict timelines apply to harm sustained on government property.

If your injury was foreseeable according to state law, then you can file a notice of claim within a certain number of days from the date of the incident. From there, this notice must be submitted to the appropriate state government agency or municipality.

When your claim is denied or otherwise remains unresolved, you can then file a lawsuit to continue pursuing compensation, but you will not have forever to do this. To make sure you skip zero steps and waste little time, contact us for a free consultation. The personal injury attorneys of Hill & Moin can help you navigate this maze of a process effectively.

Is the Government Liable?

First off, where did you fall? Who is the property owner? Were you hurt on state or federal property or is the place where you fell under private jurisdiction?

If your injury occurred in one of the following locations, then you may have a personal injury case against a state or federal government entity on your hands:

• Public parks, sports fields, and playgrounds
• Libraries
• State or federal government buildings
• Public schools and universities
• Public roads
• Community centers
• Police stations
• Fire stations
• Post office property
• Courthouses
• Public beaches
• Airports
• Staten Island Ferry or terminals

That’s correct – the Staten Island Ferry is operated by the NYC DOT. By contrast, the subway and public bus system is governed by the Metropolitan Transit Authority (MTA) which is operated by a private party.

Sidewalks are another tricky accident scene. If you fell on a sidewalk, your legal case must be filed against the property owner of whatever establishment the sidewalk was “abutting,” or connected to, as set out by New York’s sidewalk law. It could be that you fell on private property.

If you were indeed hurt on government property, then you may have a valid claim against the agency responsible. However, before you can file, one more determination must be made regarding New York slip and fall cases: the foreseeability of your injury.

Was Your Government Property Injury Foreseeable?

Unfortunately, one make-or-break factor under New York state law can determine whether or not you may file a legal claim regarding your slip-and-fall on city or state property.

Public property should be well maintained by the government, just as any private property should. The government is held to the same rules as other property owners: to keep the property safe and clear of dangerous conditions on behalf of visitors.

However, according to state law, the local government agency in question must have received written notice of the hazard that caused your accident within a specified number of days before your injury occurred. In other words, the agency had already been warned that the dangerous condition existed on their property and had enough time to address the issue – but failed to do so before you got injured.

You can file a legal claim against that liable entity as long as your case meets the above conditions. On the other hand, you cannot file if the hazard was previously unreported or if not enough days passed since the initial report was filed.

If you were hurt on local government property despite the foreseeability of your personal injury, then hop to it. You may have only days left to file your notice of claim, but a lawyer can help you make your deadline – not to mention take a load of stress off your shoulders during this time.

After a slip-and-fall, you need to be focusing on yourself, your well-being, and your family. Unless you know first-hand how to navigate the complicated claims process before it’s too late, then it is better to leave your case to be handled by a personal injury attorney who will prioritize your interests.

Meeting the Deadlines for Slip and Fall Cases

Let’s suppose, for a moment, that your slip and fall case does qualify to be filed against a government entity in New York. Once a knowledgeable attorney has confirmed this for you, then you can move forward with your slip and fall claim.

Although you are allowed to do so by law, our experienced law firm does not recommend filing a personal injury claim on your own without the assistance of a qualified lawyer.

You could unfortunately find yourself without much time left to take even your first step. According to the Comptroller’s Office, the strict requirements and procedures described below must be followed.

Steps to take

Filing a claim with the Comptroller’s Office can present challenges to someone who lacks knowledge and experience. Following each and every mandatory procedure to the letter is crucial in protecting your rights and maximizing your chances of a successful claim or lawsuit.

Within a limited period of time, you must accomplish the steps listed below:

1. Gather evidence: Collect all relevant evidence, including photographs of where you fell, corresponding medical records, eyewitness statements, and any incident reports that have been filed
2. Complete the notice of claim: Fill out the notice of claim form, which should include:
   • Your personal information
   • Details of the incident (date, time, location)
   • Description of injuries
   • A statement of the damages being claimed
3. File the notice of claim: Submit the completed notice of claim to the appropriate Comptroller’s Office
4. Await acknowledgment: After filing, the agency typically acknowledges receipt of the claim within a number of days; they may investigate the claim, which could involve interviews or site visits
5. Response from the agency: The agency can either settle the claim, deny it, or take no action
6. Settle the claim: This must be done within a period of time as specified by state law; if a fair settlement cannot be reached by a certain date, then it may become necessary to take the next step listed here
7. File a slip-and-fall lawsuit (if necessary): If your claim has been denied, you have limited time from the date of the slip-and-fall accident to file a lawsuit in court

Please be aware that lawsuits are expensive and challenging. Your trusted lawyer should be the one to advise you when and if to take that next step.

Challenges to meet

Keep in mind that, on paper, legal paperwork and procedures may sound easier than they could turn out to be in reality. Consider the following challenges common among government premises liability claims, for instance.

Your personal injury claim, when filed against a government entity, is likely to encounter complications involving:

• Jurisdiction: Lawsuits, including slip and fall cases, against the state or local government must be filed in specific courts, such as the New York State Court of Claims or the appropriate Supreme Court
• Sovereign immunity: Though the Federal Tort Claims Act allows you to sue the federal government, your legal rights under this statute are limited, restricting you to cases involving federal employees acting within the scope of their employment at the time of the incident where you were injured
• Comparative negligence: New York follows a rule of pure comparative negligence, meaning your compensation may be reduced based on your percentage of fault in the incident; thus, the other party will try to pin some of the blame on you, in all likelihood
• Documentation: You must keep thorough records of the incident, medical treatment, and any communication with government agencies
• Complex procedures: The process can be complicated, requiring strict adherence to timelines and legal requirements
• The burden of proof: You must demonstrate that the liable government entity was negligent in maintaining the property and that this negligence resulted in your injury; this will require substantial evidence
• Potential delays: Government investigations can take time, which may prolong your slip and fall claim

Understanding these steps and challenges can prepare you for the process of filing a claim with the Comptroller’s Office regarding a slip-and-fall incident that took place on government property. However, we at Hill & Moin LLP feel strongly, based on our experience, that you would benefit from a lawyer’s assistance.

That’s why our law firm warmly invites you to come speak to us before deciding how to proceed with your personal injury case. When you do have a valid claim, we may or may not take it on.

If there is another law firm we are connected with that would be better suited to handle your claim, then we will direct you to that firm. Because we want to see you succeed and come away with maximum compensation for your trouble.

Get Assistance to Maximize Your Compensation and Save Time

Not only will it take an experienced slip-and-fall attorney less time to put together a strong case for you, but handing over your legal case to a law firm you trust is well worth it. Statistics show that claimants who work with – or even get advice from – attorneys have a higher success rate than those who go without in small claims court; no case is too insignificant for a lawyer to get involved in.

Beyond that, the lawyers of Hill & Moin LLP have been lauded as the “lawyers in the family” by past clients, showing that you can feel sure we have your best interests at heart. We want to see you get as much money as you get.

With our contingency fee policy and free consultation offer, what do you have to lose from getting in touch with us? Call us at (212) 668-6000 or fill out the contact form here on our website to learn your Personal Injury Recovery SolutionsⓇ. Our representatives are standing by 24/7 to speak with you about your slip-and-fall on government property or any other personal injury cases of concern to you and your family.

Don’t wonder about your rights!

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Ivan was working at a construction site. He was on a ladder removing a nail from the ceiling when the ladder began to shake due to hazardous flooring. As a result, the ladder collapsed and he fell off. Ivan injured his left shoulder, left knee, neck, and back. He underwent surgeries to his left shoulder and left knee.

A colleague suggested that Ivan contact Hill & Moin. He called them and they immediately began working on his case. They conducted an investigation of the construction site and searched for work permits. They skillfully litigated his case and obtained an amazing settlement for Ivan in the amount of $950,000!

When Ivan was informed of the news, he knew that his life had changed for the better. He can now pay off his debts and purchase an apartment. He is thankful for the lawyers and staff at Hill & Moin LLP.

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After a long day of work caring for patients as a home health aide, the only thing Alina Ordonez had on her mind was relaxation. Unfortunately for her on one ill-fated evening, the very opposite occurred. Heading out into the early evening after finishing caring for a patient, Alina made her way out of the doorway and across the dark, unlit pathway. Before she knew it, she tripped and fell on the hazardous premises head-first into the nearby gate.

As she found herself on the ground and in pain, she knew she needed immediate assistance. Her first call was to her son who called an ambulance, and she was rushed to the nearest hospital to treat her multiple soft tissue injuries. Knowing that her fight was just beginning, Ms. Ordonez consulted with the attorneys at Hill & Moin, LLP and she was pleased that she did.

Describing Attorney David Zwerin as “courteous and hard-working”, she always felt taken care of by the communicative and responsive staff at Hill & Moin. Alina was smart to place her trust in their expertise as the attorneys successfully negotiated an impressive $700,000 settlement on her case. Family being her priority, Alina Ordonez now looks forward to investing her funds in projects that will grow and continue to provide for her and her loved ones for years to come.

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Challenging weather conditions lead to slip-and-fall accidents, which are more common than you might think. The New York State Department of Health reports that falls are the leading cause of injury hospitalizations, and many of these can be attributed to hazardous weather conditions.

Property owners and managers have a responsibility to maintain safe conditions for visitors and passersby when harsh weather strikes. If you were injured in a slip-and-fall accident due to a property owner’s negligence, you may have the right to pursue a personal injury claim.

However, the impact of bad weather on slip and fall claims is not always straightforward. Understanding how adverse weather affects these cases may help you protect your rights.

Increased Hazards Due to Adverse Weather

Various weather conditions can create fall hazards.

Here are a few examples of situations that increase the risk of slip-and-fall accidents:

• Rain: Wet surfaces become slippery, especially on wet floors or smooth surfaces like tile or polished stone. Rain can also create puddles that may not be immediately visible to pedestrians.
• Snow and ice: These are perhaps the most notorious weather-related hazards. Snow can hide underlying ice, creating a deceptively dangerous surface. Black ice, in particular, can be nearly invisible to pedestrians.
• Leaves and debris: Autumn weather can lead to an accumulation of wet leaves on walkways. This can create a slippery surface difficult to navigate.

Comparative Negligence in Weather-Related Slip and Fall Cases

In New York, slip and fall cases often involve the concept of comparative negligence. This means that if you are partially responsible for your slip-and-fall, your compensation may be reduced.

In weather-related slip and fall cases, both the property owner and the injured party may share some responsibility. For instance, if you are wearing unsuitable footwear during icy conditions or ignoring visible warning signs, you might be found partially at fault for your injuries. This could reduce the amount of compensation you are entitled to receive.

The Importance of Evidence in Slip and Fall Claims

The weather can change rapidly, making it crucial to gather evidence as soon as possible after slip-and-fall accidents.

If you are involved in a weather-related slip-and-fall accident, consider taking the following steps:

• Photograph the area where you fell, including any ice, snow, or water that contributed to your fall
• Note the weather conditions at the time of your fall
• Gather contact information and witness statements from any witnesses
• Report the incident to the property owner or manager
• Seek medical attention for your injuries

Such evidence can be invaluable in proving the hazardous conditions that led to fall accidents. This information can also prove the property owner’s negligence in addressing these hazards.

Weather Forecasting and Property Owner Liability

An often overlooked aspect of weather-related slip-and-fall accidents is the role of weather forecasting in determining owner liability. Modern technology provides increasingly accurate weather predictions, which can affect how courts view a property owner’s duty of care.

Foreseeable weather events

When severe weather is forecast well in advance, property owners may be expected to take some preventative measures to reduce potential weather hazards beforehand.

For instance, if a major snowstorm is predicted, property owners might be expected to have snow removal equipment and supplies ready. In anticipation of heavy rain, they may need to ensure proper drainage systems are in place and functioning correctly.

Failure to prepare adequately for anticipated weather events could be seen as negligent, potentially strengthening a slip and fall claim.

Sudden weather changes

Unpredicted weather changes may work in favor of the property owner. If a weather event such as a flash freeze occurs without warning, courts may be more lenient in their expectations of how quickly a property owner should respond to the hazard.

It is important to note that property owners are generally not expected to remove snow or ice continuously during an ongoing storm. The law typically allows for a reasonable time after the end of the storm for the owner to address hazards.

The reasonable time standard

Courts often apply a “reasonable time” standard when assessing a property owner’s response to weather-related hazards.

What constitutes a reasonable time can vary based on:

• The severity of the weather condition
• The accuracy and timing of the weather forecast
• The resources available to the property owner
• The location and type of property

For example, a large commercial property in a busy urban area may be expected to respond more quickly to hazards than a small residential property in a rural setting.

Technology and Weather-Related Slip-and-Fall Accidents

Advancements in technology are changing how weather-related slip and fall cases are litigated. These developments can affect both the prevention of accidents and the gathering of evidence when accidents occur.

Weather data as evidence

Detailed historical weather data is now more readily available than ever before. This can be crucial evidence in a slip and fall case.

For example:

• Precise temperature and precipitation records can back up or dismiss claims about icy conditions
• Wind speed data might support arguments about the reasonableness of expecting a property owner to keep an area clear of debris
• Visibility records could factor into determinations of comparative negligence

Video surveillance and weather conditions

Many properties now have extensive video surveillance systems. When combined with weather data, this footage can provide powerful evidence in personal injury cases.

Video surveillance may show:

• The weather reports exact conditions at the time of the fall
• How long a hazardous condition existed before the incident
• Whether the building owner took reasonable steps to address weather-related hazards

Contact a Hill & Moin Slip and Fall Lawyer Today

Weather conditions play a complex and multifaceted role in personal injury claims. If you have been injured in a weather-related slip-and-fall accident, contact one of our lawyers.

It is important to understand how various weather conditions might affect your case. The experienced personal injury attorneys at Hill & Moin LLP can provide valuable insights.

A free consultation with us can reveal your options for pursuing compensation. Contact Hill & Moin’s experienced attorneys to learn about your Personal Injury Recovery Solutions®. Call us at (212) 668-6000 to schedule your free case review.

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The tragic events of September 11th, 2001 devasted the nation, especially New Yorkers. But for M.C. and her family, it will forever be felt even closer to the heart. M.C.’s husband had been employed as a worker for the sanitation department in Manhattan. Despite the emotional turmoil of the situation, he pressed on and continued with his duties on the job.

What he may not have been aware of was that he was left exposed to various nasty toxins and chemicals, day in and day out for many hours. Fatefully, this eventually led to the development of his fatal lung cancer. M.C. and their family were crushed by their loss and reached out to Hill & Moin, LLP for guidance and support in the wake of their tragedy.

Recognizing that the attorneys had significant experience navigating 9/11 Victim’s Compensation claims, she was certain that they would be able to prevail. Although the circumstances that brought M.C. to Hill & Moin’s door were heart-rending, she was comforted by the way they handled her claim and the delicate care that they showed, all while laboriously securing her a settlement of over $600,000 for the devastation she and her family had experienced.

Beginning to build back her life, M.C. hopes to invest her newly awarded funds in home improvement projects to brighten up her days.

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