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Picture this: NYC under a fresh blanket of snow – it’s like a winter postcard. But hidden beneath that snowy scene lies a sneaky hazard: ice. It’s easy to slip, fall, and get hurt on these icy patches. That’s where we come in. We’re here to help you understand what to do if you find yourself taking an unexpected tumble this winter.

NYC’s Winter Slippery Surprise

We all know NYC winters can be tough. That snow might look pretty, but it can turn into a slippery mess real quick. When you fall and get hurt, it’s not just about the pain. There can be medical bills, lost time at work, and a whole lot of stress.

What’s the Deal with Slip and Fall Laws?

Here’s the lowdown: If you slip and fall because of ice or snow, someone might be responsible for not keeping things safe. But proving that in court can be tricky. It’s all about showing that the person in charge of the place where you fell knew about the danger but didn’t fix it.

How Hill & Moin Can Help You

We at Hill & Moin are like detectives for slip and fall cases. We dig deep – taking pictures, talking to people who saw what happened, and looking at weather reports. We want to make sure we have all the details to tell your story right.

Your Rights and What You Could Get

After a nasty fall, you might worry about money for doctor’s visits or the paychecks you miss while you’re healing. That’s totally fair, and you deserve help with that. We fight to get you money for all those things, plus compensation for the pain and hassle you’ve gone through.

Why You Shouldn’t Wait to Call a Lawyer

Here’s a heads-up: In New York, you can’t wait forever to decide to take legal action. There’s a time limit for filing your case. Plus, the sooner you get us on board, the better we can gather evidence to support your claim.

Wrapping It Up

Falling on ice in NYC is no joke. It can really turn your life upside down. That’s why having a team like Hill & Moin by your side is key. We know the ins and outs of these cases and are all about getting you what you deserve. Contact us anytime for a free consultation.

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The Bronx is a vibrant, diverse borough. But amid the bustling city’s energy and excitement accidents happen, leaving individuals injured and seeking justice. In fact, around 1.5 million New Yorkers are injured, treated, and released from the hospital every year. Sadly, an additional 8,000 victims died as a result of their injuries. Victims are often left facing serious injuries, hefty medical expenses, lost wages, and more.

Have you been hurt in an accident due to negligence or another party’s actions? If you or a loved one find yourself in this unfortunate situation, you need to have the right personal injury lawyer by your side.

But with so many options out there, how can you choose the right lawyer to handle your case?

How Attorneys Help in New York Personal Injury Cases

How can you navigate through New York’s complex personal injury laws successfully? Doing so requires an experienced personal injury attorney with a record of successfully handling personal injury cases.

Having an attorney well-versed in handling similar personal injury claims allows him or her access to resources such as expert witnesses who can provide testimony supporting your case. The injury lawyer you choose should also have a deep familiarity with local laws and regulations specific to your case.

What’s more, hiring someone skilled at negotiating fair settlements comes in handy when dealing with insurance companies. After all, the insurance companies are primarily looking after their own interests, so you need support to successfully counter their efforts.

Often, insurers will try to undervalue or deny your claim. They may pressure you to accept a low or unfair settlement that does not cover expenses like medical bills, lost wages, or future medical treatment. With the right legal representative advocating for your rights, the insurers cannot take advantage of you.

How to Find Bronx Personal Injury Lawyers

When it comes to finding potential lawyers for your personal injury case, there are several avenues you can explore. One of the most effective ways is through referrals from friends, family, or colleagues who have had positive experiences with personal injury attorneys.

Another excellent option is to do some online research. Look for a reputable personal injury law firm that works specifically on personal injury cases. Read reviews and testimonials from past clients to get an idea of their track record.

At Hill & Moin LLP, we are proud of our track record of success and honored to have helped injured victims pursue justice for many years. We invite you to view just a few of the settlements we have won for our satisfied clients. To do so, click here.

Once you have compiled a list of potential lawyers, you should schedule an initial consultation with each one. This gives you the opportunity to discuss your case and evaluate each one as to whether they are a good fit for you.

Factors to Consider When Choosing a Bronx Personal Injury Lawyer

When it comes to choosing a skilled personal injury attorney, there are several factors you should consider:

• Experience: You deserve someone who has handled similar cases before, with a proven track record of success. A lawyer who has a history of obtaining favorable settlements and jury verdicts will have the skills and knowledge necessary to navigate your case effectively.
• Knowledge: Personal injury law covers a wide range of cases, including car accidents, medical malpractice, workplace injuries, and more. Look for a lawyer who focuses on your specific type of case, as he or she will have the background needed to represent you effectively.
• Reputation: In addition to experience, reputation is also key. Look for reviews or testimonials from past clients to get an idea of what working with a particular lawyer would be like. A law firm’s good reputation can give you confidence that your case will be handled by their team professionally and efficiently.

Qualities to Look for in a Personal Injury Lawyer

When it comes to choosing the right personal injury lawyer in the Bronx, there are certain qualities you should look for.

These qualities can make a significant difference in the outcome of your case and your overall experience working with a lawyer:

• Good communication skills: Communication is another crucial factor to consider when choosing a personal injury lawyer. You want someone who will keep you informed throughout the entire process and promptly respond to any questions or concerns you may have. Ask how frequently you will be updated on the progress of your case and what methods of communication will be used. Good communication is essential for a smooth attorney-client relationship.
• Empathetic and ready to fight for you: In addition to communication skills, empathy is crucial when choosing a personal injury lawyer. You want someone who genuinely cares about your well-being and understands the impact that an accident can have on your life. A compassionate attorney will fight for fair compensation and provide support throughout the legal process.
• Detailed and focused: Attention to detail is essential in personal injury cases where every piece of evidence matters. Your chosen lawyer should pay close attention to all aspects of your case, from gathering medical records and witness statements to reviewing accident reports and expert testimonies.
• Excellent ability to negotiate: Consider whether the attorney possesses strong negotiation skills. Many personal injury cases are settled outside of court through negotiations with insurance companies or the opposing parties’ lawyers, and an attorney with excellent negotiation abilities can often secure a fair settlement without having to go through the lengthy litigation process.
• Able to create a clear case strategy: Inquire about the law firm’s approach to handling personal injury claims. Understanding their strategy will help you gauge their ability to maximize your compensation.
• Fees and case timeline: Discuss fees and payment arrangements up front, during the consultation. Additionally, ask about the potential timeline for resolving your claim from start to finish so that you can manage expectations and plan accordingly.

Questions to Ask a Personal Injury Lawyer During the Initial Consultation

During the consultation with a personal injury lawyer, it is crucial to ask the right questions to ensure you choose the best legal representation for your case.

Here are a few questions you can discuss with your potential lawyer:

• How long have you been practicing personal injury law?
• Have you handled cases similar to mine before?
• Based on the information I’ve provided, what is your initial assessment of my case?
• What are the strengths and weaknesses of my case?
• How do you typically approach personal injury cases?
• What strategy do you think would be most effective for my case?
• How will we communicate throughout the process?
• How often will you provide updates on the progress of my case?
• What should I expect in terms of milestones and developments?
• What is your fee structure? Do you work on a contingency fee basis?
• What are the possible outcomes of my case?
• What is a realistic settlement amount or judgment I could expect?
• How long do you anticipate the case will take?
• Are there any potential delays or obstacles we should be aware of?
• Can you provide references from past clients or examples of successful cases you’ve handled?
• Will you personally handle my case, or will it be delegated to other attorneys or another legal team member?

Be sure to add any questions you may think of to this list and discuss these points in detail with your potential lawyer.

Use the initial consultation as an opportunity to gauge the lawyer’s personality. Remember, you should feel heard, respected, and supported during this challenging time in your life. So, don’t rush the process when looking for the right lawyer to handle your personal injury lawsuit.

Costs Associated With Hiring a Personal Injury Law Attorney

When it comes to hiring a personal injury lawyer, one concern that often arises is the cost. You need to understand how fees are typically structured in these types of cases.

Most personal injury lawyers, including Hill & Moin, work on a contingency fee basis, which means they only get paid if they win your case.

Contingency fees are usually a percentage of the settlement or jury verdict that you receive. This arrangement allows anyone, even individuals who may not otherwise have the financial resources, to seek legal representation. This method of payment also incentivizes lawyers to work hard on your behalf, as their payment is directly tied to the outcome of your case.

Every case is unique, so costs and fees may vary depending on factors such as the complexity of your case or whether it goes to trial. Be sure to discuss fee arrangements in detail with the attorneys during your initial consultation.

Make sure you fully understand the law firm’s fee structure and any additional costs or hidden expenses that may be involved, such as court filing fees or expert witness fees.

Keep in mind that while hiring an experienced personal injury lawyer may seem like an added expense, doing so can actually increase your chances of receiving fair compensation for your injuries. A skilled attorney knows how to negotiate with insurance companies and navigate the complex legal process effectively, thereby maximizing your compensation.

Red Flags to Watch Out for When Choosing a Personal Injury Attorney

Choosing the right personal injury lawyer is crucial for the success of your case. However, not all lawyers are created equal, and there are certain red flags you should be aware of when making your selection.

Beware of lawyers who make promises that seem too good to be true. While it is natural for attorneys to express confidence in their abilities, if they guarantee a specific outcome or promise an unrealistically large settlement, it may be a sign that they are more interested in getting your business than fighting for your rights.

Furthermore, beware of lawyers who pressure you into accepting settlements quickly without thoroughly evaluating all aspects of your case. It is essential that your attorney conducts a thorough investigation and explores all possible avenues before advising you on settlement offers.

Another red flag is poor communication. If a lawyer takes days to respond to your emails and calls or fails to keep you updated on the progress of your case, this could indicate a lack of dedication or organization.

Lastly – but certainly not least – trust your instincts when meeting with potential attorneys. If something feels off during the initial consultation or you are uncomfortable discussing personal details with them, it might be best to continue searching for someone else who better aligns with both your ideal level of professionalism and personal rapport.

By being vigilant about these red flags, you can avoid falling prey to unscrupulous lawyers who may not have your best interests at heart during this challenging time.

Hill & Moin’s Personal Injury Attorneys Are Ready to Fight for You

At Hill & Moin LLP, our experienced team understands just how overwhelming it can be to sustain injuries due to someone else’s negligence. That’s why we offer free consultations – so you can learn your legal options.

Over the years, Hill & Moin’s team of personal injury attorneys has built a strong reputation for securing satisfying results for our injured clients. Likewise, when you hire Hill & Moin as your personal injury lawyers, you can trust that we will fight tirelessly on your behalf as well.

Focus on your recovery and leave the legal footwork to experienced personal injury lawyers. We can negotiate with the insurance company, and if the insurance company refuses to offer a fair settlement, we can take your case to trial.

Personal injury cases that we handle for injured clients include:

• Premises accidents
• Nursing home abuse
• Construction accidents
• Workplace accidents
• Wrongful death claims
• Medical malpractice
• Transportation accidents
• Slip-and-fall accidents
• Police brutality
• Auto accidents
• Other causes of serious injury

We understand the physical, emotional, and financial toll that an accident can take on you and your family. When you hire us, our legal team will leave no stone unturned when seeking justice on your behalf.

If you have sustained injuries due to a car accident, medical malpractice, or someone else’s actions another way, contact our law firm today. During a free initial consultation, a Hill & Moin personal injury attorney can help you understand your Personal Injury Recovery SolutionsⓇ.

To schedule a free case evaluation, call (212) 668-6000 or complete our contact form. A Hill & Moin representative will reach out to you as soon as possible.

Don’t wonder about your rights!

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Imagine putting your trust in a medical professional only to have that trust shattered by negligence or improper care. Unfortunately, medical malpractice is an all-too-common occurrence in the United States, including right here in the Bronx. 

When healthcare providers fail to meet accepted standards of care, innocent patients can suffer devastating consequences. But when you pursue justice for medical malpractice victims, you can contribute to a safer healthcare system for everyone. 

Don’t let powerful institutions and insurance companies intimidate or silence you. Instead, get the support you need from experienced New York medical malpractice attorneys who are committed to achieving justice. When Hill & Moin LLP takes on medical malpractice cases, we aim to hold negligent healthcare professionals accountable for their actions.

What is Medical Malpractice?

Medical malpractice is a term that refers to the negligence or incompetence of a healthcare provider. It also entails when medical professionals administer substandard treatment that results in harm or injury to patients. 

Medical malpractice is a serious issue that affects countless victims across the United States. Many of us willingly place our trust in medical professionals to provide us with quality healthcare. Unfortunately, mistakes can and do happen. However, unlike other types of mistakes in daily life, medical errors can be life-altering or even life-threatening.

When medical providers fail to meet the accepted standards of care, their careless actions or omissions can lead to adverse outcomes for their patients. The prevalence of medical malpractice in the country is alarming, highlighting the need for victims to seek justice.

In order for an act to be considered medical malpractice, these elements must be present:

• A doctor-patient relationship was established
• The healthcare professional being held responsible had a duty of care towards the patient
• The healthcare provider’s negligence breached this duty of care
• As a direct consequence of this breach, harm or injury was caused to the patient

The Prevalence of Medical Malpractice in the United States

According to some studies, medical errors are one of the leading causes of death in the United States. This includes misdiagnosis, medication errors, surgical mistakes, and more. These errors not only result in physical harm but can also cause emotional distress and weighty financial burdens.

Not all instances of medical negligence lead to legal action. However, it is crucial for victims and their loved ones to recognize when they have a viable medical malpractice claim. Seeking legal help from an experienced attorney knowledgeable in this area of law is essential.

The prevalence of medical malpractice cases serves as a reminder, showing why pursuing justice for victims is so crucial.

Why is it good for malpractice victims to take action against negligent professionals or institutions? There may be little incentive for them to change or improve their practices or standards of care if they are not held responsible. By pursuing justice through legal means, though, victims send a message that such negligence will not go unnoticed or unpunished.

Common Types of Medical Malpractice 

Medical malpractice can manifest in various forms, such as:

• Foreign objects left behind during surgery and other surgical errors
• Anesthesia malpractice
• Traumatic brain injury (TBI)
• Delay and failure to accurately diagnose
• Health aide medical negligence
• Hospital and nursing home falls
• Organ perforation during medical procedures
• Infection management failures
• Wrongful death due to medical negligence
• Ophthalmology malpractice
• Pediatric malpractice
• Medication errors
• Administration of incorrect dosages
• Failure to monitor potential medication interactions

Birth injuries are yet another example of medical malpractice cases that occur during labor and delivery. These injuries may be caused by negligent actions such as improper use of forceps or vacuum extractors.

Other causes are:

• Failure to monitor fetal distress signs
• Fetal oxygen deprivation during birth
• Delays in performing necessary emergency C-sections

Steps to Take If You or a Loved One Is a Victim of Medical Malpractice

If you suspect that a loved one has been a victim of medical malpractice, you should take immediate action. Here are some steps you can take to protect your rights and seek justice.

Document everything

Start by gathering all relevant documentation, including:

• Medical records
• Test results
• Medical bills
• Photographs of injuries (if applicable)
• Correspondence between you and the healthcare professional
• Any other documentation related to the treatment or procedure

These documents can serve as valuable evidence for your medical malpractice claim.

Consult another healthcare professional

Get a second opinion from a different healthcare provider. This can help determine whether there were any errors or negligence in the initial treatment. Their professional analysis can thus strengthen your case.

Seek legal advice

Contact a medical malpractice attorney with a history of success in handling malpractice suits. He or she can guide you through the legal process and assess the viability of your medical malpractice claim.

Maintain open communication

Stay informed about your or your loved one’s condition. You can do this by maintaining regular communication with the treating physician. If there are other specialists involved in the care plan, request regular updates from them as well. Ask about any potential complications or errors that may have occurred.

Keep track of expenses

Keep a record of all expenses related to your or your loved one’s treatment, including medical bills, lost wages, and any other costs incurred as a result of the malpractice.

Do not speak to insurance companies

Avoid speaking to the insurance companies or signing any documents without consulting your lawyer first. Insurance companies may try to pressure you into settling for less than what you deserve, but your attorney can counteract their efforts.

Take care of yourself and your loved one

Dealing with a potential case of medical malpractice can be emotionally and physically draining. Make sure to take care of yourself and your loved one throughout the process by seeking support from friends and family, practicing self-care, and prioritizing your emotional and physical well-being. 

Medical malpractice cases can take time, so it is important to be patient and trust the legal process. And you can when you trust the lawyer handling your case, so do not delay in taking action! 

Consult a reputable medical malpractice attorney as soon as possible to learn your next steps. Medical malpractice cases are subject to strict filing deadlines (each one a specific “statute of limitations”). By acting promptly, you increase your chances of receiving justice before the statute of limitations runs out.

How to Find a Reliable and Experienced Medical Malpractice Lawyer in the Bronx

When it comes to medical malpractice cases in the Bronx, finding the right attorney is crucial. You need someone who understands the complexities of these types of cases. 

The lawyer you choose needs to have a history of success in fighting for justice on behalf of medical malpractice victims. But with so many personal injury lawyers out there, how do you know where to start?

Look for a lawyer experienced in medical malpractice law

Handling this area of law requires an in-depth understanding of medical procedures and terminology. An attorney with experience in handling personal injury claims will be better equipped to navigate your case.

Consider the law firm’s track record in handling medical malpractice 

Look for an attorney who has successfully handled medical malpractice cases before and obtained favorable outcomes for clients.

Find a compassionate Bronx medical malpractice lawyer

Medical malpractice cases can be emotionally challenging, so retaining a lawyer who genuinely cares about your well-being can make all the difference.

Seek out attorneys who offer free consultations

This initial meeting allows you to discuss your case without any financial commitment or obligation. It is an opportunity to assess whether you feel comfortable working with the law firm in question. Make sure your potential legal team has a clear understanding of your situation.

Consider reviews and testimonials from past clients

Testimonials from others can provide insight into a lawyer’s professionalism. It also sheds light on his or her communication skills and overall client satisfaction.

Finding the right attorney is essential for pursuing justice in your medical malpractice case. Take the time to research different options thoroughly before making a decision. Doing so could significantly impact the outcome of your claim.

The Legal Process of Pursuing a Medical Malpractice Claim

Seeking legal help is crucial when it comes to medical malpractice cases. Doing so ensures that you have someone on your side who understands the intricacies of medical malpractice law. 

The right personal injury attorney will fight tirelessly to protect your best interests. Here is what you can expect.

Assessing your case

An experienced medical malpractice attorney can assess your situation and determine whether you have a viable claim. If so, he or she will guide you through each step of the process.

Gathering and reviewing evidence

Your attorney will then review evidence that supports your case. This may include obtaining medical records and any documentation you gathered. He or she may also conduct interviews with witnesses or medical experts.

Filing a formal complaint

Next, your injury attorney will file a complaint against the healthcare provider or institution. This initiates the legal proceedings. From there, both parties engage in “discovery” – exchanging information related to the case. This includes depositions of witnesses and experts involved in your treatment or diagnosis.

Entering negotiations

Once the discovery phase is complete, negotiations may take place between your attorney and the defense counsel. The goal is to reach a settlement agreement without going to trial. If no agreement is reached, mediation or arbitration may be suggested.

Taking your medical malpractice lawsuit to court

What if a settlement cannot be reached during negotiations or alternative dispute resolution? You may consider filing a medical malpractice lawsuit. 

When your case goes to court, a judge and/or jury will render a decision on whether the defendants were liable for the harm inflicted on the injured victim. 

The court’s decision will weigh on the evidence presented and witness testimony given. Thus, it’s ideal to have an experienced medical malpractice lawyer building a strong case for you.

Recoverable Damages for Victims of Medical Negligence

Medical malpractice can result in lifelong injuries and suffering. Thus, for victims, pursuing justice means seeking to recover compensation for the physical, emotional, and financial damages they have endured. Recoverable damages in medical malpractice cases may include economic and non-economic damages. 

Economic damages

Economic damages aim to compensate victims for tangible financial losses incurred due to medical negligence. 

Economic damages may cover:

• Medical expenses
• Ongoing treatment costs
• Rehabilitation expenses
• Lost wages or earning capacity
• Other related financial burdens

Non-economic damages

On the other hand, non-economic damages account for intangible losses that cannot be easily quantified. In New York, these are not usually awarded in wrongful death cases.

Restitution for non-economic damages may encompass:

• Pain and suffering endured by the victim
• Psychological injuries caused by the incident
• Loss of enjoyment of life 
• Disfigurement and disability 

What if a healthcare professional’s actions were deemed particularly reckless or if intentional misconduct was involved? In such a case, punitive damages might also be awarded. 

However, punitive damages are not commonly granted. Before these are awarded, evidence showing gross negligence on behalf of the defendant is usually required.

Fighting Against Powerful Institutions Requires the Help of a Lawyer

Fighting against powerful institutions requires the guidance of an experienced personal injury lawyer. When it comes to pursuing justice for victims, taking on imposing healthcare providers can be daunting. 

These institutions, often large entities, may have extensive resources and legal teams at their disposal. As such, they make it challenging for individual victims to navigate the complex legal process alone.

By hiring the right injury attorney, though, you can level the playing field when going up against powerful institutions. You can feel confident knowing that someone who cares about your best interests is fighting tirelessly for you.

Talk to a Bronx, New York Medical Malpractice Lawyer Near Me

The attorneys at Hill & Moin LLP understand the complexities of medical malpractice claims. What’s more, we are committed to protecting the rights and best interests of our clients, who have sometimes called members of our team “the lawyer in the family.” 

This is because we care. When Hill & Moin serves as your legal representation, you can trust that we will stand by you every step of the way. From gathering evidence to building a strong case, our Bronx medical malpractice lawyers will be passionate about fighting for your voice to be heard.

When you hire the law firm of Hill & Moin LLP as your legal advocate, you are not only seeking justice for yourself. You, in effect, are speaking out against negligence and demand accountability from healthcare providers. 

In this way, you also make an important statement to the healthcare system about patient safety: Patient care must be their priority. Patient neglect can not be tolerated. 

Are you or a loved one a victim of medical malpractice in the Bronx or surrounding NY areas? If so, contact Hill & Moin LLP to discuss your Personal Injury Recovery SolutionsⓇ. Schedule a free initial consultation by calling (212) 668-6000 or filling out our online contact form.

Don’t wonder about your rights!

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As a Home Health Aide Anna V. spends her days helping others with essential life tasks when they cannot complete these tasks on their own. She never imagined that reporting for duty at her own job would be the reason she herself needed to look for help of her own – from a personal injury attorney. It was a routine day of service for Anna V. when she arrived at a patient’s residence to assist with her day, starting with a walk outside for some fresh air. Approaching the stairwell, she lifted her patient’s walker to carry it down the stairs. Suddenly, a faulty stair sent her hurtling down the stairs causing her to sustain injuries to her back, knees, and shoulders. In pain and feeling like she had nowhere to turn, she reached out to the personal injury attorneys at Hill and Moin, LLP for assistance. It’s a good thing she did, as Hill and Moin brought in a whopping settlement of $448,000 for what she had endured. When describing her experience dealing with the staff, Anna V. only had the best things to say. Despite being a Russian speaker, she found communication from paralegals to attorneys alike to be thorough and detailed, never leaving her with unanswered questions. With the monetary relief secured by Hill & Moin and her sights set on the future, Anna V. plans to boost her savings and open a trust account.

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When the unexpected, heartbreaking loss of a loved one in death happens in your family, you expect the law to be on your side – perhaps especially when it was caused by someone else’s devastatingly negligent or reckless behavior. However, in such cases, the degree of fault the victim may have shared in what occurred will have an impact on the amount of compensation you may receive.

If your family member lost his or her life in such an incident, you have the right to pursue financial compensation for your loss from the responsible party. Understandably, as a grieving family, pursuing legal action may be the last thing on your mind, but a settlement obtained by means of a wrongful death lawsuit can enable you to regain your balance after losing someone close to you.

New York wrongful death negligence laws can seem both confusing and complex. The experienced wrongful death attorneys at the New York law firm of Hill & Moin, though, know the ins and outs of such claims. Thus, we are able to clarify your legal rights and guide you through the wrongful death claims process – take our insight on how New York negligence laws impact wrongful death claims below, for instance.

What Constitutes Wrongful Death in New York?

New York state law defines wrongful death as a death resulting from an individual’s negligence or intentional wrongful act.

In a personal injury case, accident victims have the legal right to file a personal injury claim and recover financial compensation for their damages. In like manner, certain surviving family members can pursue a wrongful death claim when an accident proves fatal for their loved one.

Wrongful death lawsuits allow families to get money back for costs related to the death. In a successful wrongful death case, the responsible party will be held accountable, and financial restitution will be made to those left behind.

Proving Negligence in a New York Wrongful Death Claim

To prevail in a wrongful death claim, the circumstances of the accident must be analyzed, and the at-fault party identified.

Negligence in a wrongful death case generally involves these 4 elements:

• The defendant owed the deceased 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. Either by negligence or an intentional act, the defendant failed to uphold his or her legal duty.

• The defendant’s breach of care resulted in the victim’s death. If it were not for the defendant’s actions or failure to act, the victim would not have died.

• The victim’s death resulted in actual damages. Surviving family members sustained financial loss as a result of losing their loved one.

Establishing fault and negligence in a wrongful death claim is not always a straightforward process. In some cases, the fault may be attributed to multiple people or parties.

A well-practiced wrongful death attorney is able to assess the facts of your case and then advise you on how to move forward with your legal claim.

Understanding New York’s Comparative Negligence Law in Wrongful Death Cases

New York follows the comparative negligence rule when it comes to personal injury law. That same rule applies to wrongful death cases.

The comparative negligence law in this state allows an injury victim to recover compensation, even if he or she was partially responsible for the accident that caused them. Likewise, the amount of restitution to which a plaintiff is entitled would be reduced by his or her degree of fault in the incident.

In a wrongful death claim, it may be found that your loved one’s own actions in some way contributed to his or her death. In such cases of contributory negligence, the damages awarded to the estate are determined by the percentage your family member was deemed at fault.

In settlement negotiations, insurance companies will apply this rule when evaluating claims. However, allocating fault is not always black and white. An experienced wrongful death attorney can help ensure that fault is properly assigned and fair compensation is pursued.

Examples of Comparative Negligence in New York Wrongful Death Claims

It is not uncommon in wrongful death lawsuits for the defendant to acknowledge his or her negligence while asserting that the deceased person was partially responsible for what happened.

Here are several scenarios in which the defendant may contend that the decedent’s death was, to some degree, his or her own fault:

• A fatal car crash: The defendant may assert that the deceased was not properly wearing his or her seatbelt

• A motorcycle accident: The defendant may claim that the victim was not wearing a helmet

• A pedestrian accident: If a driver fatally hits a jogger at night, he or she may say that the deceased person was not wearing proper reflective clothing

• A medical malpractice lawsuit: The defendant may claim that the victim failed to disclose his or her full medical history or other relevant health information prior to surgery

• A fatal slip-and-fall accident: The defendant may claim that the deceased failed to heed warning signs of the hazardous condition

These examples illustrate how common it is for both parties to share a degree of blame for a fatal incident. Oftentimes, when the degree of fault is unclear, your wrongful death attorney may consult accident reconstruction experts. These specialists can help determine how the accident played out.

If your family finds itself in this kind of situation, remember that all is not lost. In some cases, comparative negligence laws make it easier for victims to recover damages after an accident.

Potential Damages in a New York Wrongful Death Lawsuit

In pursuing a wrongful death action, the goal is to reach a settlement that will sufficiently provide for your family’s current and future financial needs while also honoring the legacy of the deceased person. Even if your family member bore some responsibility for his or her death, you may be able to seek compensation to get your family back on their feet after your loss.

You may be able to recover damages such as:

• Funeral costs
• Burial expenses
• Medical bills and medical expenses associated with the fatal accident
• Lost wages of the deceased
• Loss of household services the deceased performed
• Loss of inheritance
• Loss of medical benefits
• Loss of the deceased’s pension or retirement benefits
• Punitive damages

Losing the anticipated financial support of a loved one can have life-changing consequences.

It is essential to take the time to fully assess all your losses, both current and potential, after the death of your family member.

A knowledgeable wrongful death lawyer can assist you in assigning a monetary value to your losses. Carefully calculating your economic damages helps ensure that you seek enough financial compensation to give your family a fresh start after the tragic death of your loved one.

Additional Factors That May Impact the Amount of Compensation in a Wrongful Death Claim

All potential paths to a fair settlement agreement must be explored. Apart from the damages mentioned above, additional details may impact how much compensation you are eligible to receive after your loved one’s death.

In New York, wrongful death settlements or jury awards can vary by quite a wide margin. The conditions of the wrongful death, the degree of negligence by each party, and the life circumstances of the deceased are all weighty factors. Also considered is the impact the untimely death will have on the surviving family members.

Other factors that may affect the compensation amount in a wrongful death settlement include:

• The deceased’s income, as well as future income potential
• The deceased’s role in the family, such as primary income provider or caregiver
• Whether or not the deceased had minor children
• The age and life expectancy of the surviving spouse
• The deceased’s training and education
• The deceased’s health before his or her death
• The deceased’s age
• Medical expenses incurred prior to the victim’s death
• The circumstances of the wrongful death prove it was an accident, intentional act, medical malpractice, etc

The economic damages awarded as a wrongful death settlement will also depend, to some extent, on the financial resources of the liable party. A wrongful death lawsuit against a large entity, such as an insurance company, may result in a larger compensation award since these types of defendants have the means to pay significant judgment amounts.

The experienced wrongful death attorney you consult will work to fully understand the details of your case before making any promises. Because, not only does a quality lawyer refer cases to the best possible fit for you if necessary, but he or she will also work to make certain that every single one of your family’s losses is taken into account.

New York’s Comparative Negligence Law in Wrongful Death Insurance Settlements

Oftentimes, the simplest and most efficient way to seek compensation in wrongful death cases is to file a claim with the insurance company representing the at-fault party. In amicable insurance negotiations, this can be a relatively smooth process.

If the defendant accepts responsibility for your loved one’s death, his or her insurance company will likely offer you a settlement agreement shortly after the claim is filed. In the immediate aftermath of your loss, when you are struggling emotionally and financially, you may be inclined to accept the first settlement offer that comes your way. It is critical to consult an experienced attorney before accepting any offers.

Insurance adjusters may attempt to pressure grieving families into a hasty wrongful death settlement. When this happens to you, proceed with caution. The terms of a quick settlement may not fully compensate you for the long-term impact your relative’s death will have on your family.

Further, insurance companies will work hard to use the New York comparative negligence rule to their own advantage. Their aim is to close cases quickly and protect their own bottom line.

Insurance adjusters may do all in their power to allege that your loved one bore significant responsibility for his or her own death. They may attempt to exaggerate or even manipulate the established facts of your wrongful death case – to lower their payout to you.

Whatever your family’s circumstances may be, it is in your best interest to let a legal professional negotiate with the insurance company on your behalf. A wrongful death attorney knows the negligence laws and how these can be put to work for you and your legal rights. He or she can thus shield you from bad-faith insurance adjusters.

Before making any decisions, your wrongful death attorney will evaluate all settlement offers and make any counteroffers as necessary. If a reasonable wrongful death settlement agreement cannot be reached, you can then choose to pursue a wrongful death lawsuit.

Reach Out to a New York Wrongful Death Attorney for Advice

Losing a loved one due to another person’s negligent act can lead to intense emotional distress coupled with serious financial hardship. This is certainly understandable, but you do have hope; pursuing a wrongful death claim may alleviate some of the stress and anxiety you are under.

We understand that the entire legal process may seem daunting. New York wrongful death laws can be complicated to understand. Grieving families are in no position to navigate the legal system on their own.

The team of wrongful death attorneys at the New York law firm of Hill & Moin stands ready to ease the legal process for you. When we take your case, we will do the legal legwork so that you can focus on healing after your loss.

At Hill & Moin, our personal injury lawyers are known for their respect and compassion for every single client they represent. Wrongful death cases are extremely personal, and you deserve to work with a legal professional who will treat you like family.

When we take on your case, we will not rest until we have done all in our power to get your family on the road to emotional and financial recovery after your devastating loss. Our wrongful death attorneys are adept at holding negligent parties accountable for their actions. We endeavor to maximize all potential compensation in a wrongful death claim, even when your loved one was partially at fault.

The Hill & Moin team, well-versed in New York state law, is ready to answer your questions about comparative negligence in wrongful death claims. We serve several New York City areas, including Manhattan, Brooklyn, Queens, Staten Island, and the Bronx. 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 fill out our online form for a free consultation. A member of our legal team is standing by to take your call.

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Few things in life are as devastating as losing a loved one in death. If his or her death was preventable, it can be all the more traumatic. You may be reeling, mentally and emotionally, as well as facing financial hardship.

If your family member died due to the negligence or wrongful act of someone else, you have the right to bring a legal claim against the responsible party. After the unexpected passing of someone dear to you, you may feel overwhelmed by the idea of taking legal action. However, a wrongful death settlement can ease the financial burdens associated with your family’s loss.

The experienced and compassionate New York wrongful death attorneys at the law firm of Hill & Moin can help you through this difficult time. Like having a lawyer in your family, we can answer your questions and guide you through the entire legal process. This article will explain the factors involved in wrongful death claims in New York City, as well as the necessary steps in filing such claims.

What is a Wrongful Death Claim?

The purpose of a wrongful death claim is to help surviving family members recover monetary damages for their loss and ensure that the responsible party is held accountable for his or her actions. In New York, a wrongful death claim may be filed by the personal representative of the estate of the deceased person against the individual or entity liable for the death.

To file a justifiable wrongful death claim, you must prove that:

• A person died
• A person or entity was negligent, reckless, or intentionally caused harm
• That party’s negligent or intentional actions were the direct cause of your loved one’s death
• Surviving family members suffered financial damages related to the death

By establishing such facts, the deceased’s personal representative can open a wrongful death claim against the liable parties. Oftentimes, an out-of-court settlement agreement can be reached with those responsible. When this cannot be achieved, compensation may be awarded for the untimely death by trial in court.

Important Steps in Filing a Successful Wrongful Death Claim

The death of a loved one may leave you feeling consumed with grief and anxiety. It can be difficult to focus on anything but your recent loss. However, the action you take early on can significantly impact your ability to recover compensation later.

If you suspect that your loved one died as a result of another person’s intentional or negligent act, you should take certain steps as soon as possible.

Appoint a personal representative of the estate

Under New York law, only the personal representative of the deceased person’s estate can file a wrongful death lawsuit on behalf of the surviving family members. While usually a trusted friend or family member, the personal representative is not always a beneficiary of the estate.

At times, the personal representative is named in the victim’s will. In the absence of a will, the court has to appoint a personal representative.

Appointing a personal representative of the deceased’s estate takes time. It is advantageous to begin this process sooner rather than later, as it is a key step in moving forward with your wrongful death claim.

Obtain copies of the death certificate, autopsy reports, and police reports

Proving how and why your relative died is a fundamental part of the wrongful death claim. The deceased person’s death certificate, which states the official cause of death, is a crucial piece of evidence.

If an autopsy was performed, this report can provide convincing evidence of the cause of death. Further, if the police or emergency responders were called to the scene of the incident, their official accident reports can help establish what happened. Gathering such reports will lay a strong foundation for a wrongful death claim or lawsuit.

Gather additional supporting evidence

The wrongful death lawsuit process can be complicated. To successfully resolve a wrongful death claim in your favor, a great deal of evidence may be required.

Relevant evidence related to the accident could include:

• The deceased’s medical records
• Medical bills
• Photos or video of the fatal injuries
• Traffic camera or security camera footage from the scene of the accident
• Documentation of the vehicle or property damage

Additionally, proving financial damages is a significant part of a wrongful death lawsuit.

Important documents to gather include:

• Employment records
• Financial records
• Tax returns
• Insurance policies

No piece of evidence is too small or insignificant. Try to gather all the records that you possibly can. Make sure to hold on to all documentation and evidence for the full duration of your wrongful death lawsuit.

Collect eyewitness contact information

Credible eyewitness accounts of what happened can have a meaningful impact on your wrongful death claim. At times, a person did not see the fatal accident take place but came onto the scene in the immediate aftermath of the incident. In such cases, he or she may still be able to provide valuable testimony regarding the circumstances surrounding your loved one’s death.

The importance of eyewitness testimony should not be underestimated. If multiple witnesses attest to the same circumstance, this can go a long way in holding the responsible parties accountable for the victim’s death. Be sure to gather the contact information for all available witnesses.

Record your personal account of what happened

It can be emotionally taxing to recall the events that led to your family member’s tragic death. However, your personal account of what took place can have a significant effect on the legal process. As time goes by, your memory of how things unfolded may not be as clear.

It is wise to write down your account of what happened as soon as you reasonably can after your loved one has passed away. Be as thorough as possible; even small details can later prove helpful to your wrongful death case. Having a written record of events to refer to will also make explaining your position to a wrongful death lawyer easier.

Consult a New York wrongful death attorney

Wrongful death cases can be emotional, complicated, and time-sensitive. If you believe that your family member died due to another person’s negligence, there is no need to face this devastating situation alone. An experienced wrongful death attorney is the advocate your grieving family needs.

A knowledgeable lawyer can walk you through every step of the claims process. He or she can also ensure that your wrongful death claim is prepared according to New York state laws and time limits.

Having a well-practiced and understanding New York wrongful death lawyer on your side will give you confidence and peace of mind as you move forward with your claim. When you hire a knowledgeable attorney to handle your wrongful death lawsuit, he or she will do the legal legwork so that you can focus on getting your family through this.

Additional Actions an Attorney Will Take in Pursuing a Wrongful Death Claim

Your wrongful death attorney will work with you to gather the evidence proving that someone else’s actions caused the death of your family member. A thorough investigation into the events that led to the decedent’s death can help your attorney establish the certainties of the case. With convincing evidence in hand, he or she will then be able to move forward with various legal proceedings.

Initiating wrongful death settlement negotiations

Most wrongful death claims are settled with the at-fault party or their insurance company before a lawsuit is filed. Families often prefer to enter settlement negotiations before taking a wrongful death case to trial.

To begin negotiations, your wrongful death attorney will write a demand letter to the defendant and his or her insurance company. The letter may detail the circumstances of the death, name the party believed to have caused it, and explain how the evidence points to the case qualifying as wrongful death.

The demand will request compensation for all relevant losses allowed under New York state law, such as:

• Loss of anticipated financial support: The surviving spouse and other family members who relied on the financial support of the deceased may be able to recover the lost income he or she provided.

• Loss of the value of household services: You may now need to hire someone to take care of the household tasks that your family member has performed. You can request financial compensation for these costs.

• Expenses associated with wrongful death: Sadly, a death generally results in a significant amount of expense. You may be eligible to recover compensation for medical expenses, medical bills, funeral costs, burial expenses, and other wrongful death damages.

No two wrongful death cases are the same. The general goal in pursuing a wrongful death claim, though, is to reach a settlement that adequately provides for your family’s immediate and long-term financial needs.

Your lawyer can help you evaluate all settlement offers and make any counteroffers as desired. If a fair settlement agreement cannot be reached, you can pursue a wrongful death lawsuit.

Filing a wrongful death lawsuit

If the defendant or insurer refuses to come to an amicable settlement agreement, your lawyer will file a complaint in civil court for wrongful death. The complaint will outline the details of the wrongful death suit.

The complaint will include the date and time of death, what caused it, and the amount of compensation sought. It will also review the established evidence and laws that apply to the case.

Conducting the litigation and discovery phase

The pre-trial phase of a wrongful death lawsuit includes the fact-finding or discovery period. This allows time for each side to collect and exchange information about the case.

To build a strong wrongful death case, your lawyer may take such steps as:

• Requesting important documents: It is beneficial to see a copy of the defendant’s insurance policy and other financial documents. Such records will show how much potential compensation is available in the case.

• Questioning the defendant in writing: Questions may be submitted to be answered in writing under oath.

• Conducting a deposition: This is an in-person interview, given under oath, recorded, and possibly used as evidence in court.

• Interviewing expert witnesses: Under certain circumstances, the testimony of an expert witness can be invaluable in successfully resolving a wrongful death lawsuit. Expert witnesses may include medical professionals or accident reconstruction specialists.

The purpose of the discovery phase is to firmly establish the facts of the wrongful death case, ensuring that there are no surprises at trial.

Taking your wrongful death case to trial

If all settlement negotiations fail, the wrongful death case will proceed to trial. In court, each side has the opportunity to present evidence, call witnesses, and provide arguments. Additionally, each party may cross-examine the other side’s witnesses.

After the trial, the jury will deliberate and give their verdict. If you are not satisfied with the outcome, you may be able to appeal the decision to a higher court. Your wrongful death lawyers will discuss with you whether or not appealing the verdict would be advisable.

Contact an Experienced Wrongful Death Attorney for Support

We understand that this can be an incredibly painful time for you and your family. Pursuing a wrongful death lawsuit may be the last thing you think you can endure, but you can get the support you need to feel confident in seeking justice for your loved one’s loss.

The New York wrongful death attorneys at Hill & Moin can navigate you through this difficult chapter of your life. Our empathetic legal team is dedicated to defending the rights of New York accident and injury victims and their families. If we take your case, we will do all in our power to help your family recover emotionally and financially from your loss.

Contact a New York wrongful death lawyer today to learn about your Personal Injury Recovery SolutionsⓇ. We serve multiple areas in New York City, including Manhattan, Brooklyn, Queens, Staten Island, and the Bronx. Call Hill & Moin at (212) 668-6000 or fill out our online contact form for a free case evaluation. You can find out what our experienced attorneys can do for you.

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Slip-and-fall accidents can disrupt not just your day but also your life. As someone who has been injured in a slip-and-fall accident, you have every right to seek compensation.

Filing a premises liability claim could help you cover your medical bills, ongoing treatments, and other damages. But you can only be compensated if you report and file your accident on time.

At Hill & Moin LLP, we help injured slip and fall victims report their cases, file their claims, and recover fair compensation. We want to help you understand New York City’s accident deadlines and report your accident on time.

This guide will give you a comprehensive overview of the reporting requirements for slip-and-fall accidents in New York City.

Time Limits for Reporting Slip-and-Fall Accidents in New York City

After a slip-and-fall accident occurs, you may feel too overwhelmed by your fall injury to focus on legal matters. We understand how easy it can be to miss the case report deadlines while focusing on your recovery.

Sadly, missing legal deadlines could interfere with your receiving compensation for your injuries. But knowing when to report a slip and fall case could increase your chances of receiving financial aid for damages.

The unique circumstances of each case greatly influence the time limit for reporting what happened. Property ownership is one factor that dictates report deadlines in New York City. Below are the deadlines for different types of property ownership.

Filing for an injury sustained on private property

A slip-and-fall accident on private property must be filed before the New York statute of limitations runs out. The deadline for your case is counted from the day of the incident, but it would be best to file as soon as possible.

Late filing can reduce the credibility of your slip and fall claim. For instance, if you have not received medical treatment within 7 months for an injury you claim was caused by a property owner’s negligence 7 months ago, you may be less likely to get the compensation you hope to win.

Delay in treatment may make it difficult to prove that your injuries are related to your fall. What’s more, the party liable for your accident, or their insurer, may argue that your injuries are far less serious than you claim

Notifying municipal entities of a slip and fall claim

New York City has many municipal entities that oversee city operations and services. A few of these include:

• The City of New York (A municipal entity that is governed by the Mayor’s Office and the New York City Council)
• New York City Police Department (NYPD)
• The Fire Department of New York (FDNY)
• NYC Department of Transportation (DOT)
• The New York City Department of Parks and Recreation
• The New York Department of Sanitation (DSNY)
• New York City Housing Authority (NYCHA)

What if one of these municipal entities is liable for your injury? The statute of limitations is shorter for accidents on New York City property, such as sidewalks or public parks. The legal time frame to file a personal injury claim against a municipal entity differs from the deadline for filing a lawsuit.

To be more specific, you are required to follow the timelines below:

• Notice of Claim: This is a formal notification to the municipal entity of your intention to pursue a claim against them. You are required to file a Notice of Claim with the municipal entity responsible for the property where your slip-and-fall accident happened.
• Filing a lawsuit: After filing the notice, you must wait for a period of time, as stipulated by law, before filing your slip and fall lawsuit against the municipal entity.

Pursuing legal action against public authorities

Public authorities like the NYC School Construction Authority and the Port Authority of New York and New Jersey may have shorter statutes of limitations than municipal entities. If so, then when you have a potential claim against these entities, you also have less time to file a Notice of Claim and the corresponding lawsuit.

Other public authorities, like the Metropolitan Transportation Authority (MTA), may have slightly different notice requirements. Before preparing your lawsuit or Notice of Claim, speak to an experienced lawyer who will know the current statutes and time limits. Also, you can learn more about slip-and-fall accidents in public transit vehicles here.

Reporting a slip and fall case to the State of New York

The legal structure for premises liability claims against the State of New York is quite extensive. These cases are subject to the Court of Claims Act.

The Court of Claims Act is a set of rules and procedures outlining how people can file claims against the state. This Act gives you two main options when you make a claim against the State of New York, described below.

File a verified claim

Under this option, you are required to serve and file a verified claim, describing the details of the accident and your basis for filing a claim against the state. This option allows you to begin the legal process sooner and possibly reach a quicker conclusion by serving and filing your claim.

 File a Notice of Intention and a verified claim

You have the option to file a Notice of Intention after a slip-and-fall accident. This document serves as a preliminary notice to the state, letting them know you intend to pursue compensation for a slip-and-fall accident. After filing the notice, you may be allowed additional time from the date of your incident to file and serve a verified claim against the State of New York.

The law also specifies that you may sometimes make a motion to treat a Notice of Intention as an actual claim. This may be possible when the Notice was served on time, but the claim was not.

As you can see, the strict procedures for filing a slip and fall claim with different entities can be quite overwhelming. We advise slip and fall victims to seek the help of our knowledgeable personal injury attorneys.

If Hill & Moin takes on your case, we can help ensure that your documents are correctly prepared and filed in compliance with the Court of Claims Act’s requirements. And if your case needs to go to trial in the Court of Claims, we can help you fight for compensation.

The Statute of Limitations for Special Circumstances

While the personal injury statute of limitations of a few years is the general rule for slip and fall claims in New York, there are some exceptions. Special circumstances may allow for an extended deadline for fall victims. Understanding the unique circumstances that might apply to your case can help you and your personal injury lawyer build a compelling claim.

Filing a slip and fall claim for minors or disabled individuals

When minors or disabled persons are involved in slip-and-fall accidents, the statute of limitations differs from other cases. Here are some specific provisions:

• For minors: When someone under 18 years of age is involved in a slip-and-fall accident, the statute of limitations “clock” doesn’t start ticking until the minor turns 18. This means the minor may have a few extra years to file a personal injury lawsuit for injuries sustained.
• For disabled people: The statute of limitations can be modified if a disabled person is involved in a slip-and-fall incident. Most of the time, the modified timeline may depend on the type of disability and the circumstances of the case. In some cases, the statute may be temporarily paused until the disabled individual is deemed capable of pursuing legal action. The courts may consider factors such as the individual’s mental capacity and ability to understand his or her legal rights.

Reporting your slip-and-fall accident when you cannot identify the liable party

Generally, the statute of limitations counts down a few years from the date of your incident. However, in situations where the defendant cannot be identified, this time frame may present a challenge to your compensation claim.

Fortunately, the law acknowledges that an injured party may require extra time to gather evidence and uncover the identity of the responsible party. If it is unclear who this may be, you and your lawyers will have to work diligently to identify them.

Identifying the person responsible can be especially difficult. Here are a few reasons why you may have trouble identifying the responsible party:

• Public spaces like retail stores and malls may have multiple parties responsible for the property; this makes it difficult to pinpoint a single owner
• Property management companies or landlords may be responsible instead of the property owner, adding complexity
• Some property owners may use corporate entities that hide their direct ownership

The reporting deadline for a wrongful death claim

In tragic situations where slip-and-fall accidents cause a fatality, the statute of limitations may differ from the general personal injury statute. Wrongful death claims are often filed on behalf of the deceased person’s surviving family members, seeking compensation for the financial losses incurred.

The specific timeline for filing a wrongful death claim in New York is generally counted from the date of the individual’s death. This allows surviving family members some time to grieve their loss before pursuing legal action through a personal injury lawsuit.

The Benefits of Filing a Slip and Fall Lawsuit Early

The sooner you file your personal injury claim, the more beneficial it can be for you. A delay in pursuing your claim may reduce the evidence and harm your chances of receiving compensation.

Promptly reporting a slip-and-fall accident is crucial for several reasons:

1. Preserving evidence: When you file a claim early, the fresh evidence available makes your case more convincing. Over time, witnesses’ memories may fade or the property owner may fix the hazard that caused your injuries.
2. Medical attention: Getting medical attention as soon as possible is important. These medical records could serve as evidence of the injuries sustained in the accident.
3. Notifying property owners: Reporting the incident notifies the property owners of the slip-and-fall accident, which might prompt them to address the hazard. In this way, future accidents are prevented.
4. Compliance with legal deadlines: Failure to report slip-and-fall accidents within the required statute of limitations window could jeopardize your ability to pursue compensation.

Contact a New York City Lawyer at Hill & Moin LLP Today

After a slip-and-fall accident has occurred, you may want to pursue a personal injury claim or lawsuit. This task can seem intimidating, though, since there are many filing requirements and deadlines. As medical providers provide treatment and expect to be paid, the pressure to report your case on time can increase.

Our knowledgeable New York City lawyers want to relieve your burden and help you report your accident on time – in compliance with local premises liability laws. If need be, our lawyers are even prepared to go to trial to secure fair compensation.

Contact a slip and fall lawyer at (212) 668-6000 to schedule your initial free consultation today and learn about your Personal Injury Recovery SolutionsⓇ.

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One of the most difficult situations a person can face in life is the tragic death of a loved one. This can be especially challenging when the death was caused by someone else’s negligence and could have been avoided.

In addition to the deep emotional and familial loss, a tragic death often results in considerable financial strain as well. A wrongful death lawsuit may be one option to recover compensation for the damages caused, so this blog discusses some important details you need to know before deciding your next steps.

The wrongful death attorneys at Hill & Moin LLP are here to answer your questions and provide the information and guidance you need during these difficult moments. Our team is available 24/7 to offer the help you need – call us at (212) 668-6000 to schedule your free consultation with our legal team.

The 3 Types of Damages in NY Wrongful Death Lawsuits

When speaking about both wrongful death and personal injury lawsuits, you will hear the term “damages” frequently. Put simply, damages are losses that have resulted from an injury or death where compensation is available.

Generally speaking, damages awarded to the surviving family members in a wrongful death lawsuit typically fall under one of 3 categories: economic, non-economic, or punitive.

Economic damages

Economic damages, as the name suggests, refer to financial losses due to a person’s death. In many wrongful death cases, a victim may have received medical treatment and care before death, resulting in medical bills and expenses. In addition to these medical expenses, compensation can also be awarded for funeral and burial expenses.

However, these initial and direct expenses do not tell the whole story. Especially when the victim was a main provider for the family, there is a much larger financial impact as well. That is why economic damages in a wrongful death claim often include compensation for lost financial support, such as loss of earnings, benefits, and inheritance.

Non-economic damages

Of course, a wrongful death results in much more than simply financial losses. There is often substantial emotional trauma suffered by the surviving family members.

In many states, surviving family members are able to recover compensation for non-economic damages, such as:

• Loss of love and companionship
• Loss of guidance and advice
• Loss of consortium of the spouse
• Mental pain and suffering of the family members

In New York, however, compensation for pain and suffering is only available to the personal injury victims themselves before their death, not their family members. In other words, you cannot claim non-economic damages by means of a wrongful death claim.

As you can see, proving some damages may be less straightforward. Our wrongful death lawyers take the time to work closely with our clients to understand the damages caused after a wrongful death. Most times, this includes working with experts who can help calculate and prove the amount of damages in a wrongful death case.

Punitive damages

In addition to economic and non-economic damages, at times, punitive damages may be awarded in exceptional wrongful death cases in New York. As implied by the name, punitive damages are not there to compensate for a loss in particular but as additional punishment for the action.

Punitive damages are rare and are typically awarded when a defendant’s actions were grossly negligent or intentional. In order for punitive damages to be awarded, it must be proven that the liable party acted with “conscious disregard or indifference to others’ safety, life or rights.”

The court will decide whether punitive damages are necessary, as well as the amount. Generally, factors such as the severity of the person’s actions or negligence, as well as the impact of the incident on the victim and his or her family, will be considered.

Filing and Recovering Damages in a Wrongful Death Lawsuit

The way wrongful death suits are handled depends largely on the laws of the state where the victim was living at the time of his or her death. These laws vary greatly from state to state, making it especially helpful to work with an experienced wrongful death attorney who is familiar with local laws and statutes.

Who can file a wrongful death lawsuit?

Generally speaking, states fall into one of the following categories when it comes to filing wrongful death lawsuits:

• A surviving family member
• A personal representative
• An executor

In New York, the personal representative of the estate needs to file a wrongful death lawsuit. While the personal representative is responsible for filing the lawsuit, he would not normally be a beneficiary of the settlement unless he was also an eligible family member.

Who can recover damages?

Legal actions filed in the case of a loved one’s death are generally separated into: survival actions and wrongful death actions. A survival action claims damages suffered by the victim prior to his or her death, both financial and emotional. Meanwhile, a wrongful death action is usually limited to seeking economic damages suffered by the surviving family members due to their loved one’s passing.

Compensation awarded for the survival action goes to the estate of the victim which will eventually be divided up according to the will.

According to New York Senate Section 4.1-1, if there is no will, the estate will be distributed in this order:

• If a spouse and no children, the entire amount goes to the spouse
• If a spouse and children, the spouse receives $50,000 and half of the remaining balance, with the children dividing the rest equally
• If children and no spouse, the amount is divided equally among the children
• If there are no children and no spouse, the entire amount goes to the parent(s)
• If siblings and no spouse, parents, or children, the amount is divided equally among the siblings

At times, the estate will also be distributed to the grandparents or grandchildren if there are no closer living relatives.

Compensation awarded by means of a wrongful death claim, however, gets divided up according to who suffered the losses. In most cases, the spouse, children, or parents of the victim can recover compensation by means of a wrongful death lawsuit.

Your wrongful death attorney can help you better understand the options that may be available, depending on your case. It could be that a survival action, in addition to your wrongful death claim, will ensure that your family’s needs are fully met.

Call Hill & Moin LLP Today for the Legal Help You Need

It can be overwhelming and stressful to consider and initiate a wrongful death lawsuit while still grieving your loved one. If you think you have a potential wrongful death case, you do not need to handle this on your own.

At Hill & Moin LLP, NYC, we are dedicated to providing our clients with the support and guidance they need. Our team is available to listen to your story and answer your questions so you can decide on your next steps.

Contact us 24/7 at (212) 668-6000 to schedule your free consultation and learn about our Personal Injury Recovery SolutionsⓇ. A wrongful death claim may be the best option for you.

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G.A. was on his way to visit his partner’s home when he tripped and fell due to a defective sidewalk. Upon getting up, he limped to his destination with a quickly swelling and bruised ankle. The continuous pain forced him to seek treatment at the hospital, where he was diagnosed with a fractured left ankle.
G.A. contacted a colleague who referred him to Hill & Moin LLP. He called their office and after conducting an intake, an appointment was scheduled to meet with the partners of the firm. The attorneys made a plan of action and began diligently working on his case. Even during the pandemic, the firm moved his case forward with confidence that they would deliver him a settlement beyond his expectations. The case settled for $500,000, which will change the trajectory of P’s life, since he will now be able to live his dream of owning a clothing store.

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Meeting with friends in the park on a beautiful sunny afternoon should have been an enjoyable day of relaxation and leisure for Galyna S., but disaster struck before she even had a chance to arrive. On her way to a local hang-out spot nearby where retired friends often gather, Galyna S. walked down the sidewalk towards her destination. As she was nearing the park’s entrance, her left foot became caught on a raised sidewalk tile. Sent flying through the air, Galyna S. landed on her left side, her arm and knee smashing into the rough concrete of the sidewalk. Frightened and in pain, Galyna S. waited for medical attention to arrive. Realizing this wouldn’t be the only type of assistance she would need, she contacted the attested personal injury attorneys at Hill & Moin, LLP to help her get the justice she knew she deserved. When working with Hill & Moin, Galyna S. realized that the glowing 5-star reviews she had read were accurate for her experience too, noting feeling cared for and listened to throughout her case. Even though she did not speak English, she found the Russian-speaking staff to be extraordinarily helpful. The attorneys took the time to meticulously bring the facts of her accident to light, securing her a remarkable settlement of $400,000! With the fresh start of her newfound monetary relief, Galyna S. hopes that every day will now be a much more pleasant walk in the park.

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