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It was a chilly, late winter afternoon when A.R. was outside enjoying the refreshing air during her lunch break. After taking some time to relax and stretch her legs, she made her way toward the high-rise building where her office was located. As she approached the door, she did not notice that there was ice forming above the exterior door that she was about to cross beneath. As she began to pass blow the overhang near the door, she was unexpectedly struck by a large chunk of falling ice. Disoriented and confused, she continued into the building and returned to her office. Upon seeing A.R. in distress and pain, her coworkers were quick to insist on medical care. Before long, she was on her way to seek emergency medical care. Luckily for A.R., medical treatment was not the only help she was put in touch with. A trusted friend urged A.R. to reach out to the attorneys of Hill & Moin and A.R. was thankful that she did. She described the steady communication, bedside manner of support staff, and overall ease of working with Hill & Moin as an “A+”. She added that, having had experience working in the legal field herself, she couldn’t have asked for a better team to handle her case. When all was said and done, the counsel of Hill & Moin was able to pin down a staggering 1.8-million-dollar settlement for the pain and suffering A.R. had withstood. With her freshly awarded funds, A.R. has plans to save and invest in her future and those of her children as well.

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Defensive driving is a valuable tool which should be utilized as often as one can. Unfortunately, even the best defensive drivers cannot prevent certain situations. Late afternoon one frigid winter morning, S.K. was peacefully driving straight along a busy city street. In the blink of an eye, he found himself desperately attempting to avoid a disastrous impending collision. The driver of the oncoming vehicle approaching his own had become distracted by loose objects that had dislodged on the dashboard, causing the vehicle to drift into S.K.’s lane and hit him head-on. Quickly transported to the hospital for extensive head injuries and fractures in his hand, S.K. was in great pain. He began to wonder if there was anything he could do and who he could reach out to for help. Referred to Hill & Moin by a close and trusted friend, it was then that he knew where to start. Looking back, S.K. raved that Attorney Eric Wittels was “phenomenal” to work with noting his professionalism, reliability, and patience as primary factors. Never left hanging, S.K. always found himself feeling reassured by the regular updates and ease of communication from staff through every step of his case. With a tenacious and carefully crafted approach, the attorneys at Hill & Moin procured a respectable settlement of $225,000. Grateful to have made it through his traumatic ordeal and newly aided with his settlement, S.K. intends to set his sights on the housing market to invest in owning a home.

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After a slip-and-fall accident, it may seem like the existence of the hazardous conditions that caused your slip-and-fall incident won’t be enough to prove the at-fault party’s negligence. While the circumstances surrounding each slip and fall claim are unique, there are several steps that you can take when seeking fair compensation for what you have suffered.

The most important step you can take for your slip and fall lawsuit or premises liability claim is to document evidence. This can involve documenting where the fall occurred, the fall injuries, and more to prove the negligence of the property owner. Exactly the kind of evidence that can help your slip and fall case may be unclear until the case progresses further, so make sure to hold on to everything related to your fall case until it is resolved.

Slip-and-fall accidents are responsible for over 1 million emergency room visits annually in the United States. If you were hurt in a slip-and-fall accident, you may be entitled to compensation for your injuries. To learn more about your Personal Injury Recovery SolutionsⓇ, contact the lawyers of Hill & Moin, LLP, today at (212) 668-6000. We can help you understand the best course of action for your case.

What Evidence Can Help Your Case?

Medical records are key pieces of evidence for your slip and fall case. These records help document your injuries, proving the extent and severity of the damage caused by the negligent property owner.

Medical records include:

• Doctor’s notes
• Hospital bills
• Test results
• Medication receipts
• X-rays and other imaging tests
• Your appointment log with various medical professionals

In addition to medical records provided by a hospital or clinic, a daily personal log of any pain or discomfort you suffered can support your fall claim. This log can include your experiences, such as emotional distress and any limitations caused by your injuries.

An eyewitness account can also greatly help in a slip and fall case. Locating a witness to your accident who is willing to testify on your behalf can make a big difference in proving your side of the story.

Any financial repercussions from your accident, such as missed work, and relevant eyewitness statements should be carefully recorded and preserved as evidence of financial hardship.

What to Do Immediately After the Accident

You can begin gathering evidence for your slip-and-fall accident claim the moment that the incident happens. Preserving evidence, noting any witnesses present, and seeking immediate medical attention are just a few of the things you can do to try and ensure a fair settlement.

Here are a few steps you should take as soon as possible to ensure the best outcome in your case:

1. Document the accident scene. Take pictures of the place where the accident occurred, any warning signs, or lack thereof, and your visible injuries. If you have fallen in a public place, there may be security camera footage of your fall, which a lawyer can access to support your claim. If the incident occurs on someone else’s property, gathering evidence on the responsible parties may require legal representation.
2. Collect witness contact information. Depending on where your slip-and-fall incident took place, there may be people around who offer to help you or who saw what happened. Getting their names and contact information is vital so for gathering testimony to corroborate your version of events.
3. Report the accident. Notify whoever is in charge of the place where your accident occurred – whether the property owner, store manager, or landlord. Be sure to include all relevant details in the accident report, including the circumstances leading up to it. Be sure to acquire a copy for your records.
4. Seek medical attention promptly. Get medically evaluated as soon as you can after the accident, even if you don’t seem to have serious injuries. By seeking immediate medical attention, you can ensure that any injuries you have get the appropriate medical treatment and are logged in your medical record as evidence. That way, your medical expenses can be part of your personal injury claim.
5. Contact a personal injury lawyer. Seek help with your premises liability claim. An experienced attorney will know the ins and outs, and his or her guidance can make a big difference in your recovery.

Performing the above tasks in the aftermath of your accident can help you receive the compensation you deserve. While each case is different, there are common denominators among fall cases. Talk to a qualified lawyer to make sure your case is on the right track.

What to Keep Track of As Time Goes On

Personal injury lawsuits are not always resolved quickly. As time goes on, and you are waiting for your settlement, you need to make sure that you keep good records. Every treatment, expense, email, or phone call can make a difference in the outcome of your case.

Here are a few points to remember as time goes on:

• Keep detailed records of the ongoing medical bills and medical treatments you receive. Don’t skip your follow-up appointments, and keep track of what the doctors say about your prognosis. Seeking medical attention is essential both at the beginning of your claim and as it progresses.
• Consult a personal injury lawyer. Even if you don’t do this immediately, it may not be too late to consult an experienced personal injury lawyer who has experience in handling slip-and-fall accident cases. A lawyer can help you understand your legal rights and options for seeking compensation for your injuries.
• Be cautious when communicating with the negligent party’s insurance company or representatives. Even personally communicating with eyewitnesses can be dangerous to your case. It is best to let your lawyer handle all communication about your case on your behalf.
• Keep track of missed work or lost wages due to the accident and any pain, suffering, or emotional distress you have experienced. These non-economic damages may be included in a settlement or court award.
• Document how the accident is affecting your daily life. You don’t have to accept that your “new normal” is how things simply must be – you can fight for justice.

By keeping the former points in mind as your case progresses, you give yourself the best chance of a just recovery. Your personal injury claim for your slip-and-fall accident may require a thorough investigation to establish liability based on eyewitness accounts, visual evidence, and more.

How Hill & Moin Can Help You After a Slip-and-Fall Accident

At Hill & Moin LLP, our injury lawyers are ready to help those who have experienced slip-and-fall accidents. We understand how overwhelming it can be to navigate the legal process alone.

Areas that our personal injury attorneys can help you with your slip and fall injury case include:

• Collecting the documentation you need
• Gathering evidence
• Knowing how to preserve evidence and identify witnesses
• Taking witness statements
• Documenting injuries
• Establishing liability,
• Helping you receive fair compensation

Our personal injury legal team has extensive experience in slip and fall cases and personal injury law, so we know how to prepare your slip-and-fall accident claim effectively. When we take on your slip and fall case, we can help you seek financial compensation for medical bills, lost wages, pain and suffering, and more.

When you hire a Hill & Moin slip and fall lawyer, we will fight to ensure the best possible outcome for your personal injury law slip and fall case. Since we have your interests at heart, working with us will feel like you have a lawyer in the family. We serve slip and fall injury victims in multiple New York City areas, including Queens, Brooklyn, Bronx, and Staten Island.

Contact us today for a free consultation to learn about your Personal Injury Recovery SolutionsⓇ. Call (212) 668-6000 or fill out the contact form.

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Emotions can run high after a car accident. It is easy to make mistakes during this stressful and confusing time. Some errors make little impact, but the aftermath of others can be devastating.

Avoiding costly missteps and making wise legal decisions is possible, especially with an experienced legal team on your side. At Hill & Moin, our lawyers treat our clients like family and work hard to secure the best outcome possible for every case.

The information below will help you to identify and steer clear of some of the most common mistakes that car accident victims make. Every case is different; whether it’s a rollover accident, a collision caused by a drunk driver, a failure-to-yield crash, a T-bone accident, or just a fender-bender, contacting personal injury lawyers can ensure you understand your legal options. Schedule your free consultation with us by calling (212) 668-6000 as soon as possible. 

Not Calling Traffic Authorities

The accident’s severity determines whether or not state law obligates you to get the police involved. For instance, under New York law, you must wait at the accident scene until police arrive or file an accident report within 10 days if:

• Someone is injured
• Someone dies
• The property damage exceeds $1000
• You cannot contact the owner of an injured domestic animal

Therefore, calling the New York police is not legally required for minor accidents with property damage amounting to less than $1000. You could exchange names and contact information.

Yet, there are good reasons to consider contacting a police officer for your car crash.

Here are some reasons why you should contact the police:

• Rules vary by state. You must check locally to learn your legal requirements after a motor vehicle crash.
• When police respond to an accident, they make an accident report. This official record can be invaluable evidence for your personal injury claim.
• Symptoms of car accident injuries, especially whiplash, can appear days after the accident. The following section will discuss why you should seek medical treatment as soon after an auto accident as possible.
• A law officer can help you exchange information and verify the other involved driver’s license, insurance, and registration. He or she can also help you collect evidence, perhaps even noticing details you would have missed.
• Drivers sometimes change their account of events. A police report can establish essential facts of your case. You may find it valuable if the other driver tries to manipulate the truth or you lose accident documents. Remember, though, that anything you say can also be recorded and used against you in court.

Call the police if you suspect the other driver was at least partially responsible for the accident or committed a traffic violation, or if you’ve been involved in an accident with a driver from another state. If you are unsure, you can contact our law firm at any time of day or night.

Failing to Seek Medical Attention

You should call for emergency medical care if anyone is seriously injured in a car accident. However, is getting immediate medical attention necessary if you seem fine? Yes, getting checked by a doctor is crucial, even if you do not think you are injured.

Some injuries like those discussed below may not show immediate symptoms:

• Back injuries
• Soft tissue injuries
• Internal bleeding
• Concussions
• Whiplash

By getting a professional medical opinion, you can ensure that hidden injuries are identified and treated early on, preventing potential complications in the future. Additionally, seeking medical treatment after a car accident is essential for personal injury claims.

Doctor statements play a significant role in these claims, providing documented evidence of your injuries and their severity. These statements can be used to support your case and help you receive the compensation you deserve for medical bills, lost wages, and other damages resulting from the accident.

Assuming Fault for Car Accidents

Who is liable for the damages of a car accident? Even if the answer seems obvious, you should never assume.

Sometimes, drivers admit fault at first but change their minds later. In other cases, innocent drivers unknowingly take the blame, though the accident was not their fault. It is better to avoid admitting fault and let a professional investigate.

Identifying the at-fault driver in a car accident is a challenging and intricate task. Car accident claims must do more than point out the at-fault party. Conflicting accounts from the drivers and witnesses can further complicate the process of assigning blame.

A legal claim must also include solid evidence that proves that the other party is responsible for the damage. Determining fault requires a thorough investigation of the accident scene.

To establish and prove fault, an experienced car accident attorney will gather proof, such as:

• Witness statements
• Photographs and videos
• Police reports
• Traffic laws
• Evidence of weather conditions

Assuming fault is one of the gravest mistakes that can significantly impact the outcome of your car accident claim. Identifying the at-fault driver in a car accident is complex since this requires considering multiple factors and gathering convincing evidence.

Since insurance companies know that admitting fault is a vital issue, you should steer clear of hurting your car accident case. Consider the following actions you should avoid.

Apologizing

You may wonder, what is wrong with saying you are sorry after an auto accident? After all, your apology could be referring to the unfortunate circumstance or that another party suffered injuries.

Unfortunately, innocent remarks might be misinterpreted as accepting blame, which could be used against you by a court or insurance company.

Posting about car accidents on social media

Sharing details about your car accident or injuries on social media can have grave consequences for your insurance claim and legal case. Insurance companies are known for gathering evidence found online.

An insurance company can collect insurance information from comments, photographs, and videos found online to cast doubt on the severity of injuries. It might also claim that something posted on your account constitutes admitting fault.

Prioritize your well-being. If you want to record your experience, keep a private journal of your pain and suffering. Share the contents only with your car accident attorney.

Accepting a Settlement From an Insurance Company

A quick settlement might not be a fair settlement. Insurance companies want to make money. The less they spend on an accident claim, the more money they save.

Therefore, you cannot presume that an insurance company has your best interest at heart. So get a car accident attorney to review the insurance policies of all involved drivers, negotiate with insurance companies, and determine whether a settlement offer represents fair compensation for your case.

You might regret signing away your legal rights since you cannot seek additional compensation later. A small settlement could be insufficient for your medical bills for follow-up treatment.

Get Help From a Car Accident Attorney Without Delay

Failing to gather evidence of the significant aspects of an auto accident can invalidate an insurance policy and halt the legal process. Likewise, dealing with an insurance company without proper counsel can lead to an unjust settlement offer, a delayed payout, or even a rejected claim.

Why let a common mistake negatively impact your future? We can offer you Personal Injury Recovery SolutionsⓇ to resolve issues with your car accident case – sometimes before they start. If you have serious injuries or substantial vehicle damage, don’t hesitate to get in touch with our legal team right away.

An experienced attorney can answer your questions and guide you through the complex legal system. Take advantage of our free consultation service by calling (212) 668-6000 or filling out a contact form now. Our phone lines are open all day, all night, 365 days a year. Call now. 

Don’t wonder about your rights!

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A serious accident can change your life in the blink of an eye. You may be hurt physically, drained emotionally, and struggling financially. Under New York personal injury law, if you were hurt due to the negligent or careless acts of another person or entity, you may be able to seek compensation for all you have gone through.

Personal injury laws can be complicated. Reasonably, in the aftermath of a severe accident, you may feel confused and overwhelmed by the legal process involved in filing a personal injury claim or lawsuit. That being said, legal resources are available to help you attain the restitution you deserve.

Below, we will discuss various aspects and key elements of personal injury law and the types of claims that are typically involved. Then, we will consider the legal process for resolving such claims.

What Is Personal Injury Law?

“Personal injury” is a legal term that describes a physical or psychological injury. Personal injury law, also called tort law, establishes your rights when you are harmed by someone else.

Under this area of the law, you have the right to pursue a legal claim against the person, company, or entity responsible for your injury. Personal injury laws govern what constitutes grounds for legal action and who can be held responsible for your losses; it also dictates what must be proven to win your personal injury case and what damages you may be entitled to if your claim is successful.

Personal injury claims and civil lawsuits can stem from a wide variety of scenarios and incidents. While the circumstances in each case may be different, certain steps must be taken to resolve any personal injury claim in your favor.

Common Causes of Personal Injury Claims

Personal injury claims frequently arise from accidents that result in bodily harm. A severe injury can negatively impact your life for the foreseeable future.

Accidents that oftentimes result in personal injury claims or lawsuits based on bodily injury include:

• Car accidents
• Motorcycle accidents
• Truck accidents
• Bicycle accidents
• Pedestrian accidents
• Subway accidents
• Slip-and-fall accidents
• Workplace accidents
• Construction site accidents
• Product defect accidents
• Medical malpractice
• Nursing home abuse
• Premises liability
• Animal bites
• Assault
• Wrongful death

In other instances, personal injury claims may arise from non-bodily harm, such as:

• Intentional infliction of emotional distress
• False detention, arrest, or imprisonment
• Police misconduct
• Malicious prosecution
• Invasion of privacy
• Defamation

Accidents resulting in physical or psychological trauma can be devastating. This is no time to go it alone. It is wise to consult a well-practiced personal injury lawyer as soon as possible after the incident. The right attorney can help you get your life back on track after an injury accident.

The Importance of Proving Negligence in a Personal Injury Case

Proving negligence is an essential element of the legal process in nearly all personal injury cases. The basis for liability under negligence stems from an individual’s failure to act with the same level of care that a reasonable person would have exercised under the same circumstances.

You may bring a personal injury claim if you believe that another party failed to exercise a reasonable degree of care, thus causing an accident that resulted in your harm.

Establishing negligence in a typical personal injury case generally involves proving these 4 elements:

• The defendant owed the injured victim a duty of care: You must be able to show that the other party had a legal obligation to take reasonable care to prevent harm to others.

• The defendant breached this duty of care: By a negligent or reckless act, the defendant failed to uphold his or her legal duty.

• The defendant’s breach of care caused the other party’s injuries: The victim would not have been hurt if it had not been for the defendant’s actions or failure to act.

• The victim’s injuries resulted in actual damages: The injured party sustained considerable losses as a result of the accident. Damages can include physical injuries, medical expenses, lost wages, and pain and suffering.

Proving fault and negligence after a serious accident is not always a straightforward process. In some injury cases, the fault may be attributed to multiple people or parties. Nevertheless, identifying the at-fault party is one of the foremost steps in a personal injury claim.

If you have sustained a severe injury, it is in your best interest to consult an experienced personal injury lawyer. He or she can analyze the circumstances of your accident and help you identify who was responsible. Your attorney can then advise you on the best course of action to pursue fair compensation for your injuries.

The Legal Process of a Personal Injury Claim

The process of litigating personal injury cases involves multiple phases. Each of these steps is important in obtaining fair compensation for a personal injury claim. Most of these steps are best taken with the assistance of a knowledgeable personal injury attorney.

Seek prompt medical attention

The actions you take immediately after your injury accident can significantly impact the strength of your claim. Once you have been hurt, it is critical to have a medical evaluation done as soon as possible. Addressing your injuries right away can help to ensure a better long-term prognosis, as well as document the gravity of what happened.

Medical treatment and expenses account for a significant part of the compensation amount commonly awarded in personal injury cases. It is important to have detailed medical records documenting the severity of your injuries from the outset.

Furthermore, if you fail to see a medical provider for some time after the accident, filing an injury claim with the at-fault party’s insurance company may become more difficult. The insurance adjuster could allege that your injuries are not that serious or even made up.

Speak with a personal injury attorney

Any time someone else might be legally responsible for your accident, discussing your situation with an experienced personal injury attorney as soon as possible after the incident is a good idea. Taking this step may require some effort on your part. However, retaining capable legal representation can give you the confidence to pursue your legal remedies for restitution.

Your lawyer will be able to examine the evidence and evaluate the strength of your claim. He or she can help you navigate the legal system and advise you on the best steps to take to attain maximum monetary compensation for your pain and suffering.

Begin an investigation into the incident

Once you retain a lawyer, he or she will begin an independent investigation into the injury accident on your behalf. In this way, the facts of your case can be firmly established. This lays a strong foundation for a successful personal injury suit moving forward.

Your lawyer’s legal team will likely examine any physical evidence from the scene of the accident, as well as review police or accident reports and your medical records. They will also interview any eyewitnesses to the incident who may be able to testify to how the accident occurred.

At times, an experienced attorney will hire an investigator or consult expert witnesses as part of the investigation process. Such professionals can help secure valuable evidence and address complex issues in order to strengthen your injury claim.

Send a demand letter to all liable parties

Once your lawyer has determined the facts of your case, he or she will send a demand letter to the other side’s attorney or insurance company. This notifies the other party that you intend to hold them accountable for your personal injuries and how much compensation you are seeking.

Once the initial demand has been made, the defendant’s lawyer or insurance company will generally respond with their own counteroffer. At this stage of the legal process, extensive back-and-forth negotiations may occur between the parties involved before the injury claim is resolved.

It is not uncommon for the insurance company to pressure you into accepting a lowball offer that will not meet your long-term financial needs. If an amicable and fair settlement agreement can not be reached, the injury case will move into the litigation phase.

File a personal injury lawsuit

The litigation process begins when you and your personal injury lawyer file a civil lawsuit in court. The other party will be notified that you are taking legal action against them.

Under New York law, you have a limited amount of time in which you can pursue legal action in a personal injury case. The statute of limitations may differ depending on the exact circumstances of your accident. Your injury lawyer can ensure no important deadlines are missed as you move forward with your claim.

Complete the discovery phase

The discovery phase of a personal injury lawsuit is when each party investigates what the other side’s legal claims and defenses are. During this time, each party may be asked to respond to questions while under oath.

During the pre-trial period, the defendant and plaintiff will request to see paperwork, accident reports, medical records, and other evidence, such as pictures and physical objects related to the case.

Additionally, the discovery phase is when your attorney will investigate any disputed facts in your claim. He or she can also file pre-trial motions during this phase of the legal process. For example, your lawyer may petition to throw out evidence that is irrelevant to your case.

Settlement negotiations and mediation

In an attempt to avoid an expensive, stressful, and potentially lengthy court trial, the majority of personal injury lawsuits are settled outside of court. Lawyers will often use the mediation process to negotiate an acceptable and fair settlement agreement.

In mediation, the parties involved in the dispute sit down with a neutral third person who is trained to help people come to a mutually satisfactory solution to their conflict. Through such proceedings, the plaintiff and the defendant retain more control of the outcome of the case, rather than leaving it in the hands of a judge or jury.

Take the personal injury case to trial

At times, negotiation and mediation attempts are unsuccessful and the parties involved can not reach a reasonable settlement agreement. In this event, your injury attorney will use the data and evidence collected throughout the legal process to argue your case at trial.

Reach Out to Empathetic New York Personal Injury Attorneys for Assistance

A serious injury can leave you with chronic pain, lost income, and mounting medical bills. What if you are now suffering because of another person’s negligence or reckless act? You have the right to sue for proper compensation under New York’s personal injury laws.

Understandably, in the wake of a terrible accident, the idea of filing an insurance claim or personal injury lawsuit may seem an impossible feat. Please rest assured that you do not need to go through this difficult period alone.

The team of personal injury attorneys at the New York law firm of Hill & Moin have dedicated their careers to helping people like you. When we take your case, we will be by your side throughout every phase of the legal process. Our respectful and compassionate personal injury lawyers do all in their power to help each client regain his or her quality of life after an accident.

Learn about your Personal Injury Recovery SolutionsⓇ and how you can secure your future. Call Hill & Moin today at (212) 668-6000 or complete our online form for a free case evaluation. Every injured person deserves a voice, and we want to hear your story.

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A serious injury can upend your life in a matter of moments and may negatively impact your quality of life for the foreseeable future. Such accidents often result in significant physical pain, emotional trauma, and financial hardships. If you have sustained injuries due to the negligent or careless acts of another person, organization, or company, you may be able to pursue compensation for your losses.

New York City has implemented a number of personal injury laws that govern a variety of claims. Such laws are designed to hold people accountable when their actions cause harm to others.

Below, we will discuss several New York City personal injury statutes as well as the unique challenges these laws may bring to your injury case. Additionally, we will consider how experienced personal injury lawyers can help you navigate these challenges.

Proving Negligence in New York City Personal Injury Cases

In personal injury law, negligence is a key concept. A negligent person fails to act with the same level of care that a reasonable person would have exercised under the same circumstances. His or her failure to act carefully thereby caused an accident that caused someone else to get hurt.

You must be able to establish fault and negligence. Otherwise, you can not successfully hold the other party responsible for a personal injury claim.

Negligence in a New York personal injury case typically involves these 4 elements:

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

• The defendant breached this duty of care: By a negligent or reckless act, the defendant failed to uphold his or her legal duty.

• The defendant’s breach of care resulted in the other party’s injuries: If it were not for the defendant’s actions or failure to act, the victim would not have been hurt.

• The victim’s injuries resulted in actual damages: The injured party sustained substantial losses as a result of the accident.

Proving fault and negligence after a serious accident can be complicated. In some New York personal injury cases, the fault may be attributed to multiple people or parties.

A knowledgeable personal injury lawyer can analyze the circumstances of your accident and help you identify the at-fault party. He or she can then advise you on the best course of action to pursue maximum compensation for your injuries.

New York’s Comparative Fault Laws in Personal Injury Cases

At times, there are multiple contributing factors to a severe accident. It may be that you played a part in what occurred. If this is your situation, under New York’s comparative fault laws, you are not barred from recovering damages for your claim.

New York is a pure comparative fault state. This means that you can pursue a personal injury lawsuit or claim even if you were chiefly responsible for causing the accident. The amount of restitution to which you can claim is reduced by your degree of fault.

The state’s negligence laws may be to your benefit after sustaining severe injuries. However, it is not unusual for an insurance company or defense attorney to use comparative fault laws to reduce their client’s liability for a claim.

Your degree of fault can greatly reduce the amount of money you receive in a personal injury case. It is important to work with a lawyer who has your best interests at heart. With your specific case in mind, he or she can work to negotiate a fair settlement agreement for all you have suffered.

New York’s Serious Injury Threshold in Car Accident Claims

A significant number of personal injury claims stem from serious car accidents. New York’s no-fault insurance laws affect such claims. These laws dictate when you can sue another driver for damages caused by an automobile accident.

Under Personal Injury Protection (PIP) coverage, car accident victims can file injury claims with their own insurer. This no-fault insurance coverage is designed to pay for medical costs, lost wages, and other damages. It could also cover household help and transportation for medical treatment.

However, in cases of serious injury, a car accident victim may be allowed to sue the at-fault driver for further damages. To do so, the plaintiff must prove that his or her injuries meet or exceed the serious injury threshold set out by New York state law.

According to New York statute, a serious injury includes:

• Dismemberment
• Significant disfigurement
• Fracture
• Loss of a fetus
• Permanent loss of use of a limb, body function, organ, or system
• Permanent and significant limitation of a limb, body function, organ, or system
• Non-permanent conditions that prevent you from performing your daily activities for a significant amount of time following your car crash

Such serious injuries can result in permanent disability, lost income, and the need for prolonged medical care. New York’s car insurance laws can be confusing. It is beneficial to consult an experienced personal injury attorney when you have suffered significant losses. He or she can give you vital assistance with your claim to rebuild your life.

Personal Injury Claims Against New York Government Entities

With New York City’s crowded streets, constant construction, and numerous public institutions, personal injury claims involving government entities are not uncommon. That being said, many cases involving government agencies are complicated and difficult to win.

Personal injury lawsuits against New York City may include:

• Injuries sustained on a city bus or while riding the subway
• Slip-and-fall accidents on government property
• Children injured at public school, on the school bus, or at a public park
• Traffic accidents caused by government vehicles
• Government-owned nursing home injuries

New York City has a lot of resources with which to fight your personal injury claim. Further, the legal processes for pursuing an injury claim against a government agency differ from other personal injury cases.

There are significant limitations on the amount of time you have to file a claim against a government entity. Various factors are involved. If you miss even a single step, you may forfeit your ability to pursue your legitimate injury claim. It is wise to seek legal advice as soon as possible if you intend to file such a claim.

New York Statute of Limitations in a Personal Injury Case

The State of New York sets a time limit for filing a personal injury claim or lawsuit. The statute of limitations helps to prevent lengthy litigation and ensures that the parties involved settle legal matters promptly. This limited time frame during which to take legal action also helps ensure the preservation of crucial evidence in the case.

If you wish to pursue legal action and seek just compensation after sustaining a personal injury, it is essential that you do so before the statute of limitations expires. Once the deadline has passed, you no longer have legal recourse to gain restitution for your pain and suffering.

The statute of limitations may differ depending on the exact circumstances of your accident. For example, medical malpractice and wrongful death cases may have a different time period for filing a claim than a car accident.

A well-practiced personal injury lawyer can shed light on how the statute of limitations applies to your case. He or she can ensure no critical deadlines are missed as you move forward with your claim.

Ways in Which a New York Personal Injury Lawyer Can Assist You

Litigating New York personal injury cases is often challenging. Nonetheless, when you hire a personal injury lawyer after an accident, he or she will take multiple steps to get you the fair compensation you deserve.

For example, your injury lawyer can:

• Conduct a thorough investigation of what occurred: Your lawyer can gather evidence to determine the circumstances that led up to the incident and exactly how you were injured.

• Identify all liable parties: There may be multiple parties involved in the accident. Your lawyer can ensure that each person is held accountable for his or her negligence.

• Commission expert witnesses: The testimony of expert witnesses may be very beneficial in successfully resolving your personal injury case. Your attorney may retain respected medical professionals, investigators, accident reconstructionists, and others to aid your injury claim.

• Document the extent of your injuries: Your lawyer can work with you and your doctors to document the full range of your injuries. He or she can then calculate the long-term impact these may have on your life. This information will aid in assigning a fair monetary value to your personal injury claim.

These are just a few of the steps your injury lawyer can take to establish the facts of your case. From there, he or she will have a solid foundation on which to build your personal injury claim.

Contact New York City Personal Injury Attorneys for Advice

A serious injury can leave you hurting physically, shaken emotionally, and broken financially. If you were hurt, wholly or in part, because of another person or entity’s negligent or careless act, you may have legal recourse under New York law.

The current legal landscape in New York City can be stressful and confusing. You need a legal advocate to guide you through the injury claim process.

The team of personal injury attorneys at the law firm of Hill & Moin stands ready to help you at this difficult time. When we take your case, we can do the legal legwork so that you can focus on your recovery.

Known for their respect and compassion for each and every client, our personal injury lawyers are adept at holding negligent parties accountable for their actions. We endeavor to maximize all potential compensation in a personal injury claim, even if you bear some responsibility for what happened.

The Hill & Moin legal team, well-versed in New York state law, is ready to answer your questions about the unique challenges of your personal injury case. We wish to give you the confidence to pursue your legal remedies for compensation.

Learn about your Personal Injury Recovery SolutionsⓇ and how you can secure your future. Call us at (212) 618-6000 or complete our online form for a free case evaluation. We want to hear your story.

Don’t wonder about your rights!

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H.M. was working as a food cart vendor preparing meals for hungry customers on the sidewalk. While he was working inside the food cart, a truck attempted to park behind him. The truck began reversing into the parking spot and forcefully struck H.M.’s food cart. This impact resulted in H.M. falling and sustaining injuries to his left shoulder, right knee, and neck that required immediate hospitalization and eventual surgeries.

H.M. reached out to a colleague who recommended that he contact Hill & Moin. During the free consultation, the attorney addressed his questions and concerns and laid out their plan of action. The lawyers litigated fiercely and H.M.’s case settled for $775,000.

When H.M. was informed of the settlement, he was surprised and very pleased. H.M. described his experience with Hill & Moin as excellent and stated that the communication throughout the case was great. H.M. was very satisfied with Hill & Moin’s representation in his case and stated that he would highly recommend their office to his family and friends should they need legal representation.

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Navigating the bustling New York City subway system can be thrilling or convenient, but it also comes with its fair share of risks. Slip-and-fall accidents are not uncommon in these busy underground stations, where crowds hustle and platforms can get slippery.

From wet floors to uneven surfaces and debris left unattended, numerous factors can contribute to slip-and-fall incidents in the subway.

Public transportation is meant to provide convenience and efficiency, but safety should never be compromised. When negligence contributes to accidents on subways or buses, victims have rights that deserve protection.

Were you hurt in a slip-and-fall accident? You may be entitled to compensation for your injuries. To learn more about your Personal Injury Recovery SolutionsⓇ, contact the lawyers of Hill & Moin, LLP, today at (212) 668-6000. We can help you understand the best course of action for your needs.

The Responsibilities of the MTA and Other Public Transportation Systems to Maintain Safety

New York City is a bustling metropolis with millions of people relying on its extensive subway and public transportation system every day. While these modes of transport are essential for getting around the city, they also come with their own set of risks, including slip-and-fall accidents.

Whether you are rushing to catch a train or navigating crowded platforms, the potential for accidents is ever-present. In subway stations, overcrowding during rush hours can lead to pushing and shoving, which may result in someone losing his or her balance. Additionally, inclement weather conditions like rain or snow can make platforms slippery.

Inside trains or buses, sudden stops or starts without warning can cause passengers to lose their footing. Lack of handrails or grab bars for support can contribute to falls, particularly for elderly individuals or those with mobility issues. Sudden stops, starts, or sharp turns by bus drivers can throw off balance and result in falls.

Neglected maintenance, such as loose tiles, debris accumulation, or icy patches during winter months, are additional factors that heighten the danger of slip-and-fall incidents within public transportation premises.

Public transportation systems like the Metropolitan Transit Authority (MTA) in NYC have a crucial responsibility to ensure the safety of their passengers. It is essential for these entities to maintain clean, well-lit platforms and walkways to prevent slip-and-fall accidents. Regular inspections should be conducted to identify and promptly address any hazardous conditions.

Proper signage warning about wet floors or uneven surfaces can help mitigate potential risks. Adequate training for staff members on how to respond to accidents is also vital in providing quick assistance when incidents occur. Additionally, ensuring that escalators and elevators are properly maintained is key to preventing accidents related to mechanical failures.

Sadly, these vital safety measures are sometimes neglected. When that happens, and a person is injured, the responsible parties must be held accountable.

Steps to Take Following a Slip-and-Fall Accident

If you have experienced a slip-and-fall accident in NYC subways or public transportation, take the following steps as soon as possible:

• Document the accident scene by taking photos of any hazardous conditions that led to your fall. Obtain contact information from any witnesses who saw what happened, but avoid discussing the accident and liability or accepting blame with anyone at the scene.
• Keep detailed records of all medical treatments received and expenses incurred due to the accident. Attend all follow-up appointments with your medical providers and follow their treatment plans.
• Consult an experienced personal injury lawyer who has experience in handling slip-and-fall accident cases. He or she can help you understand your rights and options for seeking compensation for your injuries.
• Be cautious when communicating with insurance companies or representatives from public transportation agencies. The defense may try to minimize your claim or offer a low settlement. It is best to let your lawyer handle all communication on your behalf.
• Keep track of any missed work or lost wages due to the accident, as well as any pain and suffering you have experienced. These damages may be included in a settlement or court award.
• Be honest and thorough when providing details about the incident and its impact on your life. Remember that seeking compensation for your injuries is your right – don’t hesitate to take action to protect yourself.
• If a settlement cannot be reached, your lawyer may advise taking the case to trial. Make sure to attend all court proceedings and cooperate with your legal team throughout the process.

Seek Medical Attention After a New York Subway Accident

After a slip-and-fall accident in the busy New York City subway or public transportation, seeking medical attention is crucial. Even if you feel fine initially, hidden injuries can surface later on.

The adrenaline rush can mask pain, leading to delayed symptoms. Getting checked by a healthcare professional ensures that all injuries are properly diagnosed and treated promptly.

Prompt medical care ensures that your injuries are documented in case of any potential legal claims down the road. Ignoring minor injuries can escalate into bigger health issues if left untreated. Your well-being is paramount after an accident, so prioritize your health by seeking medical attention without delay.

Remember, your safety and health come first – don’t underestimate the importance of getting medical help post-accident. It is a proactive step towards recovery and potential compensation for damages incurred due to someone else’s negligence.

Metropolitan Transit Authority Work-Related Personal Injury Claims

Have you ever considered the risks that Metropolitan Transit Authority (MTA) workers face every day while keeping NYC subways and public transportation running smoothly?

The nature of the job requires constant vigilance amidst potentially hazardous conditions. Whether navigating crowded stations or dealing with malfunctioning equipment, MTA employees must always prioritize safety.

However, despite the MTA’s best efforts, accidents can still occur due to various factors beyond their control. From slip-and-fall accidents on subway platforms to slipping and falling while maintaining train tracks, these incidents can have a significant impact on the workers’ lives. A work-related injury for an MTA employee can be physically and emotionally challenging.

In such cases, seeking compensation for a Metropolitan Transit Authority work-related injury becomes essential for affected employees. The process for compensation, however, is not always straightforward.

Workers’ compensation vs. the Federal Employers’ Liability Act (FELA)

Workers’ compensation is a safety net designed to cover employees injured during the course of their employment. However, for railroad workers, the landscape differs. While MTA/New York City Transit Authority employees fall under the umbrella of state workers’ compensation, those working for the Long Island Railroad, Metro North, and Amtrak are governed by a separate policy: the Federal Employers’ Liability Act of 1907 (FELA).

Under FELA, injured railroad workers are entitled to compensation but with a distinct set of guidelines. Unlike workers’ compensation, where the onus is generally on the employer to provide coverage for injuries sustained on the job, FELA requires the injured worker to demonstrate that his or her employer was at least partially negligent to qualify for compensation.

For railroad workers seeking compensation under FELA, the burden of proof lies in establishing employer negligence. This can present a challenge since it requires thorough investigation and documentation.

Navigating the complexities of FELA requires skilled advocacy. Injured railroad workers should seek guidance from legal professionals experienced in railroad injury cases.

Seeking Compensation for Injuries and Damages

If you’ve been injured in a slip-and-fall accident on the NYC subway or public transportation, you may need compensation to cover any other expenses incurred due to the incident.

To seek compensation, consider filing a personal injury claim against the Metropolitan Transit Authority (MTA) or other responsible entities. You must clearly prove negligence on their part and the dangerous conditions causing your injuries.

A skilled attorney will assess your situation, gather evidence, handle negotiations with insurance companies, and represent you in court if necessary. Please note the specific ways a personal injury lawyer can help with your case.

Investigating the accident

Your lawyer will thoroughly investigate the circumstances surrounding your accident. He or she can obtain:

• Surveillance footage
• Interview witnesses
• Review any relevant documents or reports, and;
• And more

Proving negligence

To receive compensation for your injuries, you must prove that the transportation system was negligent. Your lawyer will gather evidence to support this claim and work to establish liability on the part of the responsible party.

Calculating damages

Personal injury lawyers have experience in calculating damages for their clients. They will take into account:

• Medical expenses
• Lost wages
• Personal property damaged in your fall
• Other factors to ensure you receive fair compensation for your injuries

Negotiating with insurance companies

Insurance companies are notorious for trying to minimize payouts to injured individuals. Your lawyer will handle all communication with insurance companies on your behalf and negotiate for a fair settlement.

Representing you in court

If negotiations fail or a fair settlement cannot be reached, your lawyer will represent you in court. He or she can present your case and argue for maximum compensation on your behalf.

How a Hill & Moin Personal Injury Lawyer Can Protect Your Rights

The dedicated attorneys at Hill & Moin understand the complexities of navigating the legal system after an accident. We work diligently to help our clients recover compensation for medical expenses, lost wages, pain and suffering, and other losses incurred due to someone else’s negligence.

If you have been injured in a subway or public transportation accident in New York City, contacting Hill & Moin, LLP, for a free consultation can be your first step towards recovering the compensation you deserve.

Why not schedule a free consultation to learn more about your Personal Injury Recovery SolutionsⓇ? Call us at (212) 668-6000 or complete the online form.

Don’t wonder about your rights!

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In New York City, hit-and-run accidents occur frequently, with thousands of cases reported each year. Hit-and-run accidents are not just frightening and dangerous; they can also leave victims and their families feeling lost and unsure of what to do next.

If you are the victim of a hit-and-run driver, you may wonder about your legal options for seeking justice and compensation. At Hill & Moin, our experienced hit-and-run accident lawyers are dedicated to fighting for justice on behalf of our clients.

With over 40 years of experience, our team understands the complexities of hit-and-run cases and the need for justice many victims feel. That is why we provide personalized attention and strategic representation to help victims and their families seek the compensation they deserve. Are you ready to learn about your Personal Injury Recovery SolutionsⓇ? Call Hill & Moin today to schedule a free consultation.

What Is an NYC Hit-and-Run Accident?

A hit-and-run accident occurs when a driver involved in a crash flees the scene without providing his or her contact information, such as phone numbers, waiting for the police if someone is killed, or assisting an injured person. Sadly, in New York, hit-and-run accidents are unfortunately not uncommon.

Despite the prevalence of such incidents, make no mistake: fleeing the scene of an accident is a crime with serious legal consequences. Whether it is a pedestrian being struck on the street or a car collision where the at-fault driver decides to flee, these heartless acts often leave individuals critically injured without any accountability from the perpetrators.

Victims of hit-and-run accidents may face physical injuries, emotional distress, and financial burdens as they try to recover from the incident. In some instances, hit-and-run accidents may claim the life of an innocent victim and leave the surviving family feeling helpless.

Hope for NYC Hit-and-Run Victims and Their Families

Victims of hit-and-run accidents in New York City face significant challenges, from seeking compensation to navigating the legal system. However, there is hope for injured individuals and their families.

Let us discuss the following legal options for injured ones and their families:

• Filing an insurance claim
• Pursuing a lawsuit

• Utilizing the NYC crime victim compensation programs

Why Some Choose to Pursue a Personal Injury Lawsuit

In a lawsuit, you can pursue damages for various losses, including medical expenses and lost wages. Compensation for such damages can provide victims with a more comprehensive recovery.

Some victims and their families may choose not to pursue a lawsuit for the following reasons:

• Longer process: Lawsuits can be prolonged and complex, often taking months or even years to resolve. The legal process involves various stages, including discovery, motion practice, and potentially a trial. The lengthy process can add stress and uncertainty to an already challenging situation.
• Higher costs: Pursuing a lawsuit can incur significant expenses, including court fees, expert witness fees, and attorney’s fees. While many personal injury lawyers work on a contingency fee basis, you may still be responsible for certain costs throughout the legal proceedings.
• No guaranteed results: Despite the strongest evidence and legal arguments, litigation always has a degree of uncertainty. There is no guarantee of winning a lawsuit or receiving the amount you feel you deserve. If the court rules against you, you may not be compensated for your injuries and damages.

The Pros and Cons of Filing an Insurance Claim

There are several benefits to filing an insurance claim, including:

• Faster resolution: One advantage of filing an insurance claim is potentially quicker resolution. Insurance companies typically aim to settle claims efficiently to avoid prolonged legal proceedings, which means you may receive compensation for your injuries and damages more promptly.
• Less stressful: Dealing with insurance companies can often be less stressful than navigating the complexities of the legal system. Insurance claims typically involve straightforward procedures, such as filing paperwork and providing documentation of your injuries and expenses, without the need for formal litigation.
• No upfront legal fees: When filing an insurance claim, you generally won’t need to worry about paying legal fees upfront. Most personal injury lawyers work on a contingency fee basis, meaning they only get paid if you win your case.

Still, there are reasons why some choose not to pursue this route for compensation. Insurance policies often have coverage limits, meaning there may be a cap on the amount of compensation you can receive. If your damages exceed these limits, you may not recover the full extent of your losses through an insurance claim alone.

Additionally, insurance companies may dispute your claim or offer a lower settlement than you believe you deserve. This could lead to negotiations or even arbitration to reach a fair resolution, prolonging the process and potentially delaying your compensation.

Crime Victim Compensation Programs in NYC – A Lifeline for Hit-and-Run Victims

Hit-and-run incidents are a crime under New York law; for residents of New York City, the Office of Victim Services Victim Compensation program offers a vital lifeline for those affected by hit-and-run incidents. Here’s what you need to know about it.

Payer of last resort

The program operates as the “payer of last resort.” It means that the NYC Office of Victim Services provides compensation only after all other available resources, such as insurance coverage, have been exhausted.

Application process

The application process typically involves providing detailed information about the incident and any documentation relevant to the case. Additionally, applicants may be required to cooperate with law enforcement and attend court proceedings related to the crime.

Every case is unique, and determining the right option for your family is not always easy. It is wise to consult a personal injury lawyer for help deciding the best option for you.

Financial Recovery for Hit-and-Run Crash Victims

Whether you choose to file a lawsuit or pursue an insurance claim, there are various types of compensation available to help you recover from the physical and financial impact of the incident.

Compensation may include coverage for losses such as:

• Vehicle repairs
• Medical expenses if you were hospitalized or bills for medication, and any other healthcare services
• Lost income due to time taken off work during the healing process

In cases where victims experience long-term or permanent disabilities as a result of the car accident, you may also seek compensation for future loss of earning capacity or ongoing medical care needs.

To help you seek compensation, a lawyer can:

• Conduct a thorough investigation to determine how the crash happened
• Gather evidence and identify the at-fault driver
• Determine whether the driver was intoxicated or some other factor contributed to the accident
• Navigate complex insurance laws and policies
• Negotiate with insurance companies on behalf of the victim to secure fair compensation
• Represent the victim in court to pursue a lawsuit for additional damages
• Handle all communication and paperwork with insurance companies and legal entities

Hurt by a Hit-and-Run Driver? Let Us Help You Seek Justice

Have you or a loved one been involved in a hit-and-run accident in New York City? From filing a claim to potentially pursuing a lawsuit, the steps you take after such a traumatic event can greatly impact your ability to recover damages.

Whatever route you choose to pursue justice, working with experienced personal injury lawyers can greatly strengthen your case. Lawyers have the knowledge, legal network, and resources to build a compelling argument on your behalf thoroughly.

Seeking help from experienced attorneys like Hill & Moin, LLP, can make all the difference. When you hire us to advocate for you, we can guide you through the complex legal process and work toward securing the compensation you deserve.

Remember that you do not have to navigate this challenging situation alone. By reaching out to professionals who understand the nuances of hit-and-run cases, you can focus on healing while they handle the legal aspects on your behalf. To schedule a free consultation and discuss your Personal Injury Recovery SolutionsⓇ, call us at (212) 668-6000.

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Working at a hair salon can often be exciting and dramatic but for receptionist Frank D’Amico, one unfortunate day will forever stand out. He arrived at work and spent several hours completing his tasks and assisting customers. Crossing the salon floor to assist a coworker, Frank paused to lean on a glass showcase. Suddenly, an out-of-control vehicle exploded through the front wall of the salon, completely obliterating the spot Frank D’Amico had stood in just moments before. Sending debris and Frank himself flying, he landed among layers of broken glass and the rubble of the destroyed storefront. Terrified, confused, and in pain Frank D’Amico knew he was lucky to be alive. After receiving life-saving treatment for the injuries he sustained, he recognized the importance of reaching out to a well-decorated personal injury firm with experienced attorneys who could provide him with the relief he sought. When recounting his experience putting his trust in Hill & Moin, he appreciated the cordial and helpful demeanor shown by staff throughout his case. Through application of knowledge and determination, the attorneys at Hill & Moin were able to negotiate Frank D’Amico colossal settlement of $750,000. With the fresh start he found in his monetary reward, Frank D’Amico plans to invest in himself by becoming a property owner.

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