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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.

Not sure what she should do, a trusted friend suggested that she reach out to the attorneys at Hill & Moin. It was a call she didn’t hesitate to make and was glad she did. Wasting no time, the attorneys at Hill & Moin got right to work for her. Describing Attorney Eric Wittels as “101 out 100,” she noted that his patience and detailed explanations every step of the way from start to finish were reassuring and greatly appreciated.

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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Car accidents can be painful, overwhelming, and costly. Even a minor collision may leave you with medical bills and other financial losses you are unsure how to handle.

New York is a no-fault car insurance state, meaning most auto insurance claims are paid through your insurance provider regardless of fault. However, before accepting a settlement from the insurer, it is critical to calculate the value of your car accident claim accurately.

Unfortunately, accident victims in New York who do not understand the types of damages they qualify for may end up without the financial support they need to recover from their injuries. This post discusses different categories of car accident damages and factors that may influence the amount of compensation you qualify to receive.

Recovering Compensation for New York Car Accident Economic Damages

Economic damages are quantifiable monetary losses resulting from a car accident. These damages encompass all financial losses incurred due to the accident. Economic damages are typically documented with receipts, bills, and other financial records.

The following are types of damages that may be included in your New York car accident settlement.

Medical expenses

Economic damages can cover the costs of medical treatment related to the auto accident, including future medical costs you may incur, such as:

• Emergency room visits
• Hospital stays
• X-rays and diagnostic tests
• Prescription medications
• Surgeries and medical procedures
• In-home medical care
• Rehabilitation and physical therapy
• Medical devices (crutches, wheelchairs, etc.)

Lost wages

Car accident injuries may force you to miss work while you get medical care. This can be stressful since you are missing out on income and worrying about medical bills and other costs accruing from the accident. Fortunately, if your injuries prevent you from working, you may be able to receive compensation for lost income.

This includes:

• Salary or hourly wages
• Commissions
• Bonuses
• Overtime pay
• Self-employment income

To prove lost wages, you may need to provide pay stubs, tax forms, or evidence of lost financial opportunities.

Loss of earning capacity

Loss of earning capacity refers to the reduction in an individual’s ability to earn income due to severe or life-altering injuries sustained in a car accident. Unlike damages for lost wages, loss of earning capacity considers the long-term impact on your ability to work and earn a living.

Calculating loss of future earning capacity can be complex and involve factors such as:

• Medical evidence: Medical reports and expert testimony to establish the extent of your injuries and their long-term impact on your ability to work

• Vocational expert analysis: Vocational experts assess how your injuries affect your ability to perform your job and whether you are able to work in a different capacity

• Economic projections: Testimony from economists may be needed to project your potential future earnings based on your age, career trajectory, and industry standards

Property damage

Your vehicle was likely damaged if you were involved in a car accident. Compensation for property damage should cover the cost of repairing or replacing your vehicle and any personal property damaged in the accident.

The insurance company may require proof of property damage through:

• Photos or videos of your damaged vehicle
• Photos from the accident scene
• Statements from eyewitnesses
• Receipts from the mechanic or auto body shop

Recovering Compensation for New York Non-Economic Damages

Severe car accident injuries can leave you with not only physical injuries but also mental trauma and emotional distress. Non-economic damages compensate for non-monetary losses that are more subjective and difficult to quantify.

Pain and suffering

Pain and suffering damages are intended to compensate you for the physical pain and discomfort you suffer as a result of the car accident, including:

• Chronic pain
• Side effects from ongoing medical treatments
• Discomfort from injuries
• Impact of daily activities and quality of life

Emotional distress

Emotional distress damages recognize the significant emotional toll that a car accident can take on a victim’s life.

Car accident victims may be left coping with the following:

• Depression
• Anxiety
• Post-traumatic stress disorder (PTSD)

Documenting your feelings and experiences with a mental health professional may help strengthen your claim for emotional distress damages.

Loss of consortium

Loss of consortium damages may be awarded to the spouse or family members of an injured party.

These damages provide compensation for the following:

• Loss of companionship
• Loss of affection
• Impact on sexual relations

Loss of enjoyment of life

Your injuries may prevent you from participating in activities and hobbies you previously enjoyed before the car accident, including:

• Traveling
• Sports
• Exercise
• Social activities

Your ability to engage in these pastimes can significantly diminish your overall happiness and fulfillment.

Punitive Damages and New York Car Accident Cases

When involved in a New York car accident, your primary financial focus typically revolves around recovering damages for medical bills, lost wages, and the other damages we previously discussed. However, in certain situations, a car accident victim may also be awarded punitive damages.

These are a special category of compensation sometimes awarded by a judge to a plaintiff in a personal injury lawsuit. Unlike compensatory damages, which aim to reimburse an injured victim for losses sustained, punitive damages are designed to punish the defendant for his or her conduct and deter similar behavior in the future.

Punitive damages are not awarded in every car accident case. Judges usually only award these damages in situations where the defendant’s actions were especially reckless, malicious, or grossly negligent.

Car accident scenarios in New York where punitive damages may be considered include:

• Texting and driving: Texting or using a smartphone, despite common knowledge of the dangers associated with distracted driving, can be considered a major offense
• Driving under the influence: If the defendant was driving under the influence of alcohol or drugs, that person’s actions may warrant punitive damages being awarded to the accident victim
• Excessive speeding: Situations where the defendant was driving well over the posted speed limit show a blatant disregard for others
• Hit-and-run: If the driver fled the scene of a severe accident and was later discovered, the judge may consider this to be deserving of punitive damages

Factors That Influence New York Car Accident Damages

One of the main questions clients ask car accident lawyers is, “How much is my car accident claim worth?” The value of a car accident claim varies depending on several elements.

The following are factors that can impact the types of damages and the amount of compensation you receive:

• Severity of the car crash: The severity of the accident can have a major influence on damages. Minor fender-benders usually result in less severe injuries and lower repair costs compared to a head-on collision or other type of major accident.

• Types of vehicles involved: The size, weight, and safety features of a vehicle can play a role in determining compensation. For instance, a collision involving a large truck and a passenger vehicle is likely to result in more significant damages to the smaller vehicle.

• Degree of fault: Your level of fault in the auto accident can impact your compensation. In some states, such as New York, if you are partially at fault, your damages may be reduced proportionately.

• Pre-existing conditions: A motor vehicle accident victim with pre-existing conditions may sustain more intense injuries or experience longer recovery times. This can complicate the assessment of damages and personal injury claims.

• Insurance coverage: The extent of insurance coverage for both drivers involved in the crash can have an impact on the final settlement. Insurance policies with higher coverage limits provide more resources for medical expenses and other damages.

• Economic considerations: Financial factors, such as your income, ability to work, and cost of medical treatment, play a major role in the overall calculation of damages. Prolonged inability to work, ongoing medical expenses, and the cost of rehabilitation therapy can greatly increase the amount of damages awarded.

• Legal representation: Whether you hire an experienced car accident lawyer or handle the claim on your own can impact the amount you are compensated. Skilled personal injury lawyers can help ensure you receive full coverage for damages.

How New York No-Fault Laws Impact Car Accident Claims

New York follows a “no-fault” system for car accidents. Each driver in NY is required to carry personal injury protection (PIP) insurance. PIP covers accident-related costs up to a specified limit, regardless of who caused the car accident.

This means when you are involved in a motor vehicle accident in New York, you file a claim with your own insurer. Your insurance company should cover your medical expenses and lost wages regardless of whether you or the other driver were at fault for the collision.

Under the no-fault system, you are typically only able to file a personal injury lawsuit after you meet the “serious injury” threshold.

Injuries that may meet this threshold include:

• Bone fractures
• Dismemberment
• Disfigurement
• Permanent loss of a body organ
• Significant limitation of use of a body function or system

Additionally, if your medical expenses or other losses exceed the $50,000 PIP limit, you may be able to file a personal injury lawsuit against the at-fault party for the excess amount.

Maximize Your Claim With a New York Car Accident Lawyer

Car accidents are an all-too-common occurrence in New York. The NYPD reported 7,999 motor vehicle collisions in just one month in 2024. If you were injured in a car accident in New York, you have the choice of filing an insurance claim on your own or hiring a personal injury attorney.

Consider some of the reasons why it is in your best interests to hire a car accident lawyer:

• Legal advice: Personal injury lawyers can provide legal advice on the ideal course of action for maximizing your car accident settlement

• Thorough investigation: A car accident attorney can gather the evidence needed to build a strong personal injury case for you

• Accurately calculate your claim: A lawyer can carefully identify and calculate all damages that you are entitled to

• Negotiate with insurance companies: An experienced personal injury lawyer knows the tactics used by insurance adjusters and can effectively negotiate on your behalf

• Peace of mind: Having an attorney handle the legal aspects of your case allows you to focus on your recovery instead of dealing with the stress of insurance claims

Recover the Full Amount of Car Accident Damages You Deserve

Understanding car accident damages is vital to securing fair compensation for your losses. By recognizing the different types of damages and working with an experienced personal injury attorney, you can maximize the amount of compensation you recover.

When you choose Hill & Moin, LLP, to handle your car accident claim, you will have a trusted legal team looking out for you. We care about our clients. With our law firm on your side, it’s like having “a lawyer in the family.”

If you need assistance with your car accident claim or have questions about damages, please don’t hesitate to contact our law firm. We can offer Personal Injury Recovery SolutionsⓇ for you. Call us 24/7 at (212) 668-6000 to schedule your initial free consultation today.

Don’t wonder about your rights!

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Navigating the bustling streets and subway stations of New York City can be exhilarating, but it is not without risk. You might find yourself boarding a messy subway platform or squeezing through a crush of people to find a seat on a swaying bus. The hazards of crowded platforms, wet floors, and uneven surfaces could lead to unexpected injuries.

Each year, subway and bus passengers slip and fall while using public transportation in New York. Severe injuries can significantly impact a victim’s health, finances, and psychological well-being. If you were injured amidst the chaos of your commute, you need to know your rights and who should be held liable.

Seeking legal guidance from a knowledgeable MTA accident lawyer can make a life-changing difference in your pursuit of justice and compensation. At Hill & Moin, our attorneys offer skilled representation and support as if our clients were our own family members.

Don’t delay – reach out to our trusted team of New York City lawyers today to discuss your case. Learn how to hold negligent parties accountable and secure the accident compensation you deserve during your free consultation. Call (212) 668-6000 to schedule your appointment at your earliest convenience. 

Understanding the Risks of Metropolitan Transportation Authority Rides

New York City’s Metropolitan Transportation Authority (MTA) is an efficient and accessible mode of transport for some 15.3 million people with a network spreading 5,000 square miles. Yet, riders must be aware of potential hazards.

The sheer volume of commuters and the fast-paced nature of urban transit contribute to an environment where MTA accidents could occur. The following section will discuss some factors that could lead to injury.

Sudden stops

The Metropolitan Transportation Authority (MTA) has traffic laws for its trains, which are established for safety reasons. Specific regulations vary depending on the type of track, the characteristics of the train model, and other factors like the surrounding environment.

Speed limits are typically enforced through signaling systems and other safety mechanisms to ensure that New York trains travel at a safe velocity and maintain sufficient braking distances.

Abrupt deceleration on commuter rail cars can make it difficult for passengers to maintain balance, especially during congested peak hours. If your injuries resulted from a preventable fall incident, you should consult an experienced personal injury attorney to learn how to recover damages from the responsible party.

Slippery surfaces

The MTA must be held responsible for taking proper precautions to reduce accident risk, such as by:

• Maintaining clean, orderly, and sanitary conditions
• Keeping floors dry as much as possible, aided by floor mats, drainage systems, and other preventative measures
• Warning others about potential slip hazards (e.g., Wet floor signs)
• Providing adequate training for each MTA employee and bus driver according to OSHA regulations
• Providing proper footwear with nonslip soles for employees if necessary
• Inspecting public transportation walkways and vehicles regularly
• Correcting potential slip hazards promptly
• Ensuring the supervisory or maintenance personnel are adequately qualified to perform their work duties

Slick train platforms, for example, could significantly increase the risk of slip-and-fall accidents. Leaks and spills could cause a passenger’s footing to become unstable, especially on crowded subway platforms where people are hurrying past each other. Inclement weather like rain, ice, snow, or even routine cleaning routines can also make the subway station floors slippery and dangerous.

If you were hurt by the MTA, an experienced legal counsel can prepare a notice of claim. This formal written statement must be filed with a government agency by the individual intending to bring legal action against them. In many jurisdictions, filing a notice of claim is a prerequisite to initiating a lawsuit. The claim informs the MTA of the potential legal action and allows them to investigate and resolve the matter before litigation.

Uneven surfaces and poorly maintained infrastructure

The walking areas of MTA property should be free of hazards, which could include:

• Protruding objects
• Loose boards, carpet, or railings
• Missing railings or signage
• Cracked sidewalks
• Broken stairs

For New York passengers with mobility challenges or those rushing to catch their train or bus, navigating obstacles at a bus or subway station can be particularly hazardous. Slip-and-fall accidents can result in a wide range of injuries, varying in severity depending on factors such as the height of the fall, the surface landed on, and the age and health of the individual.

Here is a list of common injuries caused by unsafe conditions:

• Fractures, often of the wrist, arm, hip, leg, or ankle
• Sprains and strains
• Head trauma, such as concussions or traumatic brain injuries
• Back and spinal cord damage leading to chronic pain, paralysis, or other neurological deficits
• Cuts, abrasions, and bruises
• Internal organ damage or bleeding

A severe accident could also result in psychological trauma, including fear of falling, anxiety, depression, and post-traumatic stress disorder (PTSD). In rare cases, MTA accidents can be fatal, particularly if the individual falls from a significant height or sustains severe injuries.

Seeking medical attention promptly after a public transportation slip-and-fall accident is crucial. Even if injuries initially appear minor, some may worsen over time if left untreated. Additionally, to recover compensation in New York courts, documenting your injuries will strengthen your case against the MTA.

Determining Liability for New York City Transit Authority (NYCTA) Accidents

Negligence refers to the failure to exercise reasonable care like a prudent person in similar circumstances. In the context of an MTA transportation accident, negligence could encompass actions or inactions that contributed to dangerous conditions or failed to address known hazards.

Key elements in proving negligence in an MTA lawsuit could include:

• Duty of care: Demonstrating that the NYCTA owed a duty of care to passengers and visitors to maintain safe premises and exercise reasonable care to prevent accidents on MTA property
• Breach of duty: Providing evidence that the NYCTA breached its duty of care through acts of negligence, such as MTA’s failure to address reported hazards, poor maintenance, or insufficient staff training on public transportation vehicles and MTA property
• Causation: Establishing a causal connection between the NYCTA’s breach of duty and the plaintiff’s injuries, demonstrating that MTA’s negligence directly contributed to the accident and resulting harm
• Damages: Documenting the extent of the plaintiff’s injuries, including medical expenses, lost wages, pain and suffering, and other accident damages

Suppose the negligence of a government entity like the New York Transit Authority or a corporation under its oversight (such as the MTA) contributes to hazardous conditions. In that case, they can be held liable for their wrongful actions.

Initiating an MTA Personal Injury Lawsuit

If you pursue compensation from a public authority, you will likely be challenged by the legal complexities of dealing with a government agency. MTA personal injury lawsuits may involve various parties, including bus drivers and the bus company itself, further complicating matters. Victims of MTA accidents must act swiftly to gather evidence and meet filing deadlines, as personal injury lawsuits have specific time limitations in New York.

Instead of trying to sue MTA Transportation on your own, why not enlist the assistance of a knowledgeable personal injury attorney? By collaborating with a skilled team experienced in handling personal injury cases against governmental entities like the MTA, injured individuals can assert their rights effectively and pursue fair compensation for their injuries, medical bills, and other losses incurred due to negligence within the MTA transportation system.

Going before a judge and jury is not always necessary. Satisfied Hill & Moin clients appreciate the valuable guidance and strong advocacy our knowledgeable personal injury lawyers provide, whether their personal injury case is settled in or out of the New York court system.

You might have many questions. Our experienced attorneys understand your concerns, and we would like to address these. Our law firm wants to make it easy and affordable for you to learn if you qualify for a New York personal injury lawsuit.

Explore Legal Options in Your Free Consultation

What will happen in your initial meeting with our personal injury attorneys? Knowing ahead of time can put your mind at ease.

First, we want to hear about your experience with the Metropolitan Transportation Authority (MTA). What events or MTA property conditions caused you to suffer injuries? After listening to your story, our legal team can identify the liable parties and start the process to ensure they are held responsible if you qualify to sue the MTA.

Your safety matters on MTA transportation, and you have the right to seek compensation for injuries sustained due to negligence.Take the first step towards reclaiming your peace of mind and protecting your future with proven Personal Injury Recovery SolutionsⓇ. Contact us now at (212) 668-6000 and take control of your legal journey. 

Don’t wonder about your rights!

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Life as a professional home care attendant had taught Halyna to flexibly deal with all sorts of unexpected circumstances, but there’s no way she could have foretold what one pivotal day at work had in store for her. She and her patient went for a stroll to enjoy the cool, autumn morning when unexpectedly, her foot caught on an elevated edge of a concrete block on the sidewalk. Before Halyna knew what was happening, she was sent flying through the air and crashing to the ground. She tried to pull herself together to finish her workday, but she was in too much pain to carry on.

Accepting the situation she had come to find herself in, she called her husband for a ride and was rushed to the closest hospital. There, Halyna was presented with the reality of her substantial injuries by her doctors, which included a fracture in her arm and soft tissue damage to her neck, shoulder, elbow, and knee. Halyna sought justice and knew that she wanted the party responsible for the negligence which had caused her fall to compensate her for all she suffered.

Fortunately, she gave Hill & Moin, LLP a call. Wasting no time, they got to work on her case. Looking back, Halyna describes her experience as “very good, all 5 stars,” adding that she highly recommends the skilled lawyers and paralegals at Hill & Moin, especially for Ukrainian speakers. Thanks to their multilingual support staff, communication between Halyna and the firm was always top-notch, leaving her reassured that her questions and thoughts were being truly heard.

In the end, Hill & Moin was able to elevate Halyna with an impressive settlement of $532,500. With her case all wrapped up, Halyna hopes to use her settlement funds towards a stress-free future.

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After a deeply distressing event like a New York car accident, you may feel overwhelmed and vulnerable. Agonizing over whether it was your fault can multiply your stress.

At Hill & Moin, our heart goes out to auto accident victims. Our compassionate lawyers advocate for the injured, pursuing extraordinary results for our clients.

While no-fault auto insurance relieves some of the anxiety of determining fault, relief can also come with accurate knowledge. Our law firm is sharing this information to demystify New York no-fault coverage and explain how your no-fault insurance policy could impact your car accident claim.

No-Fault Coverage: What You Need to Know

Since New York is a “no-fault state,” no-fault insurance is required to register vehicles and purchase license plates. Your plan must include the following minimum coverage.

Personal injury protection

Personal injury protection (PIP) policies provide coverage for medical expenses and lost wages. Besides yourself, PIP pays for medical treatment for your passengers and pedestrians injured by your car.

Liability insurance coverage

Auto liability insurance coverage protects drivers if they are found legally responsible for causing an accident.

Some common types of liability coverage are:

• Bodily injury liability: Medical expenses associated with injuries sustained in an accident caused by the insured driver
• Property damage liability: Repair or replacement costs for damaged property and the other vehicle involved in the accident
• Comprehensive (optional in New York): Pays for property damage and vehicle repair or replacement needed due to collisions, theft, vandalism, fire, or other natural disasters

Auto liability insurance has a maximum payment amount called a policy limit. Drivers must carry adequate liability coverage to protect their assets and comply with the legal requirements set by New York State.

Uninsured vehicle coverage

In 2022, uninsured motorists composed about 14 percent of all drivers in New York. Without the protection of uninsured motorist insurance (UM) coverage, you would have to pay your medical bills and vehicle damages out of pocket if you were hit by an uninsured vehicle. UM covers injury-related costs for you and your passengers up to your policy’s limits.

Uninsured motorist coverage can also extend to underinsured motorists, which can help cover the gap between the at-fault driver’s insurance limits and the actual costs of your damages.

Such coverage is especially valuable in areas where many drivers may be uninsured or underinsured. While uninsured motorist coverage is optional in some states, New York law requires that all registered drivers carry it.

No-fault insurance protection

No-fault insurance coverage applies regardless of who was at fault in a car accident. Under your basic no-fault policy, you could qualify to receive funds for economic losses as well as:

• Reimbursement for accident-related medical bills and rehabilitation costs for bodily injury
• Lost earnings (minus offsets for New York State disability, workers’ compensation, or federal Social Security benefit payments) for up to a few years after the date of the accident
• An amount of money per day for transportation to and from medical providers and household help (e.g. childcare, household help, lawn care services) for a limited time after the accident
• Money payable to the estate of a person killed in a motor vehicle accident

To claim expenses related to your no-fault accident, you must prove these are “reasonable and necessary.” An attorney can help you provide reasonable justification for your claims to increase the likelihood of their acceptance by the insurance company.

In states where PIP is not required, you can often buy it as additional coverage. Each insurance company offers different no-fault benefits, so you should check your policy to see if rehabilitation, childcare, or funeral expenses are covered.

The personal injury protection required in New York and other “no-fault” states can speed up the claims process and avoid personal injury claims for minor injuries. In addition to no-fault coverage, another type of insurance policy may protect you if you get into a car accident in New York State.

Exploring Health Insurance Coverage and Other Benefits

If you have a serious injury, the cost of treatment might quickly exceed the amount covered under your no-fault policy. To prevent economic losses, you can explore your other options.

Optional PIP coverage

You can buy more than the coverage required in a no-fault state. Insurers are often required to offer extra PIP coverage, and if so, policyholders must sign a document to reject it. If the insurance company does not receive your waiver, they could charge additional fees.

Did you know you could be eligible for coverage under your family members’ insurance policies? A personal injury attorney can help you decode the fine print to determine whether you qualify to file a claim on the policy for the vehicle you occupied or a relative living in your household. If you were not at fault for the accident, the attorney can also contact the insurance company of the person at fault for the crash.

Standard health insurance coverage

In New York, as in many other states in the US, you must carry health insurance coverage. Standard health care coverage can protect you if no additional PIP benefits are available.

An attorney can help you contact your provider and follow the instructions for submitting a health coverage claim. You will need to provide proof of your injuries, including supporting documents like accident reports and doctor statements. Be sure to keep copies of all communication with the insurance agent for your records.

Federal Social Security disability

What if your serious injuries result in a long-term disability? Collecting federal Social Security disability benefits could alleviate your financial burdens.

The Social Security Administration (SSA) will evaluate your claim based on their criteria, including the severity and duration of your impairments and how these impact your ability to earn a living. A person may be eligible for disability payments and Social Security Income (SSI) simultaneously.

Besides monthly pay, your benefits could include Medicare, a federal health care coverage program.

Medicare insurance covers:

• Hospital stays
• Doctor’s appointments
• Prescription drugs
• Preventive services like health screenings, behavioral counseling, and annual wellness visits

Seek assistance from a qualified attorney experienced in Social Security disability claims to navigate the process effectively and increase your chances of approval. Though the aftermath of auto accidents can be overwhelming, professional assistance can help you take advantage of your benefits while you recover from your serious injury.

Deciding When You Need to File a Personal Injury Lawsuit

While a no-fault claim is designed to streamline the claims process and provide quicker reimbursement for medical expenses, it may only cover some of your losses. You might need to consider filing a personal injury lawsuit against the at-fault driver.

However, you can only file a third-party lawsuit under certain circumstances, such as when:

• Your serious injury exceeds the threshold of severity defined by New York laws
• Your medical expenses surpass the specified limit
• You suffered significant pain and suffering
• You will have ongoing treatment for your accident-related injuries

By seeking the guidance of a skilled attorney experienced in handling personal injury cases in no-fault states, you can protect your rights and pursue the full extent of compensation available to you.

Before the statute of limitations ends

In New York, there is a time limitation, known as the statute of limitations, for filing claims related to motor vehicle accidents. Individuals involved in motor vehicle accidents must be aware of this time constraint and take prompt action if they intend to pursue a lawsuit. Failing to file a claim within the statute of limitations can result in the loss of the right to seek compensation for injuries or damages sustained in the accident.

Seeking legal advice from Hill & Moin and initiating the claims process promptly after a motor vehicle accident can ensure that you preserve the opportunity to see an excellent outcome for your car accident case.

Before accepting an insurance company settlement offer

A settlement offer might seem attractive at first glance. Yet, these offers could fail to cover the cost of your full recovery. Why not seek legal counsel before signing away your rights?

A car accident attorney can assess the real value of your claim. Then, he or she can communicate with the insurance company, negotiating based on the specifics of your case. At Hill & Moin, our lawyers advocate for car accident victims, pursuing fair and just compensation for your losses.

Aim for Maximum Compensation

Crashes can throw your life off track, but it does not have to remain that way forever. Consulting a law firm can help you avoid potential pitfalls and ensure that you fully understand your rights and options before making any decisions that could impact your legal claim.

At Hill & Moin, we offer risk-free consultations so car accident victims can understand their insurance coverage and take full advantage of their no-fault benefits. Call (212) 668-6000 to schedule your free appointment and learn about your Personal Injury Recovery SolutionsⓇ. 

Don’t wonder about your rights!

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J.L. was a metal worker who was working as part of a longstanding, historic, and extensive subway construction project. He was carrying a piece of steel through a passageway when he suffered serious injuries requiring surgery.

J.L. contacted a colleague who advised him to call Hill & Moin. He called their office, and an appointment was quickly scheduled. He met the partners in their office, and they explained the legal process and the steps that they would take to attain the best recovery possible in a difficult and complex case. They commenced legal action and litigated the case with absolute precision. The case was resolved in JL’s favor in the amount of $1 million.

When J.L. was notified of the settlement, he was jubilant. He commended the attorneys for their excellent representation and stated that he was very grateful for hiring Hill & Moin. J.L.’s dreams to open a business will now become reality.

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