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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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As a professional hair stylist, being creative and imaginative were key elements of S.G.’s lifestyle. But even she could not have envisioned that what should have been another routine day in the sunny salon she worked in would turn into a real-life nightmare. Initially off to a calm start, S.G. spent the first several hours of her day working her way through her usual routine. She crossed the reception floor to speak to a coworker, stopping to stand next to the windows of the salon front. Unanticipatedly, a wayward vehicle violently lurched through the front wall of the building, coming alarmingly close to crushing S.G. in its wake. The impact forcefully launched her across the salon’s floor, leaving her severely injured and deeply traumatized. Once stabilized in the care of her medical treatment team, S.G. knew the next step was to reach out to an established personal injury firm. She wasted no time calling the skilled attorneys at Hill & Moin, LLP. When reflecting on her relationship with the staff, S.G. noted that everyone was consistently communicative and kind. She was grateful for the persistence of the attorneys who had successfully managed to obtain a seven-figure settlement for all that she had lived through. Striving to move past this life-changing event, S.G. has set aside a small but much-deserved leisure and self-care fund with a long-term goal of becoming a homeowner and continuing to invest in her future.

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As a professional hair stylist, Mandy M. was no stranger to living a life that demanded her to be quick on her feet. Despite this, nothing could have prepared her for what she would experience when she arrived at the salon for another seemingly ordinary day. Before tragedy struck, Mandy M. was busy working on a client’s hair. Immersed in her work, she was suddenly rocked by a force resulting from the impact of a careening vehicle that had plunged into and through the front wall of the salon. Sent hurling sideways, Mandy M. landed on the floor among glass and rubble leaving her frightened, disoriented, and wounded. Once she had checked in with her coworkers out of concern and tended to her own pressing need for medical attention, Mandy M. became aware of her next move. Turning to the compassionate yet tenacious personal injury attorneys at Hill & Moin, LLP, she could finally breathe her first sigh of relief. Looking back on her ordeal Mandy M. was impressed by the quality of communication, noting the attentive nature of both attorneys and support staff alike. She was appreciative of the clarity, feeling included and well-represented from start to finish. With a firm resolve to bring Mandy M. the relief she sought, the masterful and well-versed attorneys at Hill & Moin, LLP secured her a six-figure award. Now armed with a newfound financial security, Mandy M. hopes to work with financial professionals within the beauty industry so that she may invest in her passion.

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

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

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

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

Understanding Wrongful Death Lawsuits

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

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

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

How Expert Witnesses Help Wrongful Death Cases

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

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

Expert testimony can help lawyers:

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

Types of Expert Witnesses Used in Wrongful Death Cases

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

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

The following are common categories of expert witnesses.

Medical experts

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

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

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

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

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

Financial experts

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

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

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

Vocational experts

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

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

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

Accident reconstruction specialists 

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

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

The Process of Selecting and Utilizing an Expert Witness

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

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

Selection and vetting of expert witnesses

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

Evaluation of communication skills

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

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

Challenges Surrounding Expert Witnesses in Wrongful Death Lawsuits

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

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

The Qualifications Needed to Serve as an Expert Witness

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

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

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

Wrongful Death Attorneys Ready to Help You Seek Justice 

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

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

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

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

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

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

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

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

What You Need to Prove in a Slip and Fall Case

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

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

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

A person’s status on the property

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

The three types of visitors to a property are:

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

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

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

A hazard existed on the property

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

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

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

The property owner was aware of the hazard

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

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

The property hazard was the cause of the injury

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

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

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

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

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

• Medical expenses
• Lost earnings
• Pain and suffering

Evidence Used to Establish Liability in Slip and Fall Cases

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

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

Photos

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

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

Video footage

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

Most businesses and some residential buildings have CCTV surveillance footage recording the premises. A personal injury lawyer can help you request a copy of the footage from the building owner. They also know everything about the local building codes and will assess whether they were broken or not.

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

Items of clothing

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

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

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

Witness statements

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

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

Medical records

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

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

Incident reports

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Don’t wonder about your rights!

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