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New York is an area known for its constant hustle and bustle and sometimes, not even having the “Walk” signal in the crosswalk can keep you safe on the roads. This was the ill-fated truth for P.H. one day when she was on her way to get her tablet fixed at a local repair shop. Walking down a street that she had traveled many times before, it seemed to be a day like any other. Approaching an intersection, P.H. looked up at the crosswalk signal to confirm the presence of the “Walk” symbol before entering the street. All clear, she proceeded into the crosswalk and began to cross. When she had all but made it to the other side, a vehicle appeared seemingly out of nowhere striking P.H. She landed on her back and hit her head on the pavement, sustaining serious injuries in the process. P.H. knew that what happened to her in the intersection was not right, but she didn’t know where to turn for assistance. Grateful to be put in touch with the hard-working attorneys at Hill & Moin, P.H. thanked them for their vigorous approach to negotiating a settlement for her suffering. She felt comforted by the reliable communication from staff at Hill & Moin throughout every step of the way, noting how every concern she had was addressed with knowledge and kindness from support staff and attorneys alike. With this traumatic event now in her past, P.H.’s plans are to savor her life one day at a time. P.H. intends to use her newfound relief secured by Hill & Moin to focus on enjoying all the little things she holds dear, like never missing out on her favorite cup of coffee.

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Sometimes even the activities we consider to be “risk-free” have their own potential unforeseen hazards. For R.M., this meant a routine shopping trip to pick up some groceries from a trusted and well-known chain of grocery stores. Innocently making her way through the store with her cart checking off the items on her list, she was in the final stretch waiting to check out when a display of zucchini caught her eye. Approaching the refrigerator case to get a better look, she slipped and fell and suffered a fracture. She most certainly did not expect to wind up injured and with an even bigger bill than just the groceries, now that she had to seek medical assistance due to her fall. R.M. wasted no time reaching out to the personal injury attorneys at Hill & Moin, LLP, knowing they would know just what to do to get her the financial help she needed. She made the right call, as they secured her a settlement in claim in the amount of $160,000! Asked about her experience trusting Hill & Moin, R.M. was quick to note that the service and communication from the very first intake specialist asking all the right questions to the paralegals and attorneys who worked to get her justice went above and beyond her expectations. R.M. expressed gratitude for the consistent diligence of the attorneys, who worked tirelessly to get the best outcome possible for her case. From answering her questions to following up on promises, Hill & Moin made R.M. feel able to rest assured throughout this trying time. With her exhausting ordeal behind her, R.M. plans to use her settlement to renovate the exterior of the property she owns so that she can enjoy the fruits of her investment for many years to come.

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Nobody likes taking a trip to the grocery store, but Yurii D. had an especially unfortunate experience during one visit in particular. Walking back to his car with his wife after picking up some essentials, Yurii D. was steering a pushcart filled with his newly purchased groceries along the sidewalk. As Yurii D. walked, the streetlights illuminated his path. Even so, he did not notice the uneven and jagged edge of the sidewalk until it was too late. The wheel of Yurii D.’s pushcart became lodged in the crack, forcing the cart to a stop and sending him toppling over it. Landing on his right shoulder on the concrete below, Yurii D. immediately knew he had been injured. As he and his wife stopped to assess the sidewalk crack, they also thought it wise to reach out to the attorneys at Hill & Moin, LLP. It was a good thing they did, because Hill & Moin, LLP wasted no time taking the necessary steps to start Yurii D.’s case to get him the relief he sought. When speaking on his experience with Hill & Moin, Yurii D. notes that despite navigating a slight language barrier, the whole staff was always cheerful, ready to help, and answered his questions whenever he addressed them. With their expertise, the attorneys at Hill & Moin managed to obtain an impressive $460,000 for Yurii D. With this ordeal in the past, Yurii D. is moving on, citing plans to support his family and also to support humanitarian efforts for those affected by the war in Ukraine.

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If you know someone who has died as a result of someone else’s negligence, wrongful act, or misconduct, our hearts go out to you. When you have suffered such a tragic loss, you feel it deeply – especially when injustice robbed you of your loved one.

Who was to blame? Can you hold that person or entity responsible for what happened? Who can help you make the most of wrongful death lawsuits?

The wrongful death attorneys of Hill & Moin LLP, based in New York City, can do more than answer these questions. We are also prepared to give you legal advice you can afford while offering you the solutions you need.

Even if you are just a little bit curious as to whether retaining a wrongful death lawyer would be worth it in your case, we welcome your call. Hill & Moin’s compassionate representatives are standing by 24/7 – so feel free to call (212) 668-6000 anytime, day or night, to schedule a free consultation with our legal team.

Evaluating Your Situation to Get Started

Before legal action is set in motion, your wrongful death lawyer must first identify the party who is eligible to file the wrongful death lawsuit.

It’s possible that you, even as a surviving family member of the deceased, will not be eligible to file the wrongful death lawsuit in your name. This may not mean, however, that you will be barred from compensation.

The estate representative, named in the deceased’s will, may bring the wrongful death claim. By New York State law, only the spouse, children, parents, or parent’s children may otherwise file the lawsuit.

Yes, the jurisdiction of your case matters – and laws always change. Hill & Moin, though, has the resources and know-how to clarify your options for you.

Our New York wrongful death lawyers keep on top of the changing statutes and can let you know:

• Whether you have a solid wrongful death claim
• How much time you have to file your wrongful death lawsuit
• Who in your family can bring the wrongful death claim
• Who is truly liable for the wrongful death
• What damages you may qualify to receive
• How much compensation we have won for similar wrongful death cases previously

To collect all the information we need, our wrongful death attorneys may ask you detailed questions such as:

• What was the cause of death?
• Did your loved one pass right away, or did he or she suffer for some time after an accident?
• Where did the accident take place?
• Who do you think caused the wrongful death?
• Could there be another causal factor that you are unaware of?
• Who saw what happened?

It could be that some of the above questions don’t quite fit your situation. This is quite understandable. Wrongful death cases can arise from a variety of situations, including car accidents, slips and falls, medical malpractice, workplace accidents, use of defective products, and more.

No matter how your loved one came to pass, and whether or not you are sure you have a solid potential claim, come talk to the compassionate wrongful death attorneys at Hill & Moin LLP. We can identify and narrow down the best possible options for you.

Working Hard on Your Behalf

Please be aware that it is incredibly difficult to represent a personal injury case – even what may seem like a straightforward wrongful death lawsuit – on your own. Deadlines need to be met. Extensive documentation must be prepared.

To meet these challenges, you can put our time and efforts to work for you. Experienced New York wrongful death lawyers, including those at Hill & Moin LLP, have what it takes to make the most of your wrongful death lawsuit, protect your rights, seek justice for your family, and take your case all the way to court if necessary.

No need to worry – despite any challenges or complications that you anticipate regarding your potential wrongful death claim, we can give you ways to tackle those obstacles.

When Hill & Moin LLP takes on your case, you can also trust us to tell you when to accept an agreement – and when to hold off on signing the settlement papers. To stay informed enough to identify fair compensation, it takes legal knowledge, experience, and skill. That’s why wrongful death lawyers are here to help.

The legal team at Hill & Moin has decades’ worth of know-how that we would like to use to help you come away with a fair amount and a more stable financial situation for your family.

Maximizing Your Wrongful Death Claim by Using Everything At Our Disposal

Together, we can consider who in your family may file a wrongful death claim, how extensive the financial repercussions of your loss have been, and even how much total amount of money you may be entitled to receive. It could be that you qualify to receive a much larger sum than you imagine now.

We know how to maximize your compensation – that’s what makes working with a wrongful death attorney especially worth it. Not only do we have the experience, but we also have the resources and contacts to prepare a solid case in your favor.

For one, wrongful death lawyers know who to call – take expert witnesses, for example. These could be:

• Medical experts
• Vocational experts
• Engineering experts
• Forensic experts
• Financial experts

Whether your case goes all the way to trial or not, the testimony of doctors or nurses can be useful in establishing the medical facts of a wrongful death case. In the case of a tragic car accident, accident reconstructionists are the experts we could call upon to lend their expertise and prove your side of the story.

Your wrongful death lawyer will also be able to take care of gathering all evidence and relevant police reports while you are free to focus on your recovery and on your family’s well-being.

After all, you probably don’t have the energy or mental capacity at this time to handle such a weighty legal matter – so please just leave things to your attorney. This can mean a higher settlement than handling the legalities by yourself.

Addressing All the Complications of Determining Liability

Even the notion of filing a wrongful death lawsuit can feel overwhelming – even impossible. We at Hill & Moin understand such anxiety and reluctance, which is why our attorneys went into the legal profession in the first place – we want to help you and have the ability to lessen your burdens.

After we take on your case, the “pre-litigation” phase continues with us examining every factor of what happened and how your loved one came to pass away. Why? In order to determine liability.

Liability is the main factor that must be established by the evidence. Simply put, the liable party is responsible for your loved one’s death. In New York, this means that the same party is thus legally responsible for compensating you for the resulting financial damages.

The following steps must be taken in order to determine who is liable in your wrongful death case:

1. Investigation: Gathering documents, interviewing witnesses, and consulting experts

1. Review of laws and regulations: Your attorney will review the laws and regulations that apply to your case to determine which legal standards and duties may have been violated

1. Identify the at-fault party: Your attorney will identify the party who is shown to be liable for the wrongful death; this could be an individual, a company, a healthcare provider, a driver, or any entity whose negligence or wrongful actions contributed to the death – maybe even multiple parties are at fault

1. Establish wrongful conduct: To prove liability, your attorney must demonstrate that the at-fault party was negligent or engaged in wrongful conduct that directly led to the wrongful death; this typically involves showing that the liable party breached a duty of care owed to the deceased

1. Find causation: It is crucial to establish a direct link between the at-fault party’s actions and the death; your attorney must prove that the negligent or wrongful conduct was a substantial factor in causing the death

1. Calculate total damages: Your attorney will also work to establish the damages suffered by the surviving family members as a result of the wrongful death; in New York, wrongful death compensation is limited to economic losses such as medical expenses and funeral costs, so you cannot receive emotional damages such as pain and suffering

Clearly, determining liability in a wrongful death case can be complex. Each case is unique, and the specific steps to be taken until resolution may vary based on the situation and the laws of the jurisdiction where the case is filed.

Thus, such situations call for the assistance of an experienced wrongful death lawyer who can build a compelling case on your behalf based on the evidence and legal principles involved.

Could it be that multiple parties share liability in your case? Suppose, for instance, that someone passes away due to being severely injured by a defective product. In such a case, we must look at the designer, manufacturer, and distributor of that product in order to determine the liability of each party. It could be that all three share responsibility for the accident.

In any case, the evidence must show that each party you sue is indeed responsible for what happened.

Once liability has been established, we will know who to file a wrongful death lawsuit against. And so the litigation is finally set in motion.

Seeing a Case Through to Completion

A wrongful death lawsuit, like any legal claim, calls for extensive paperwork to be completed – and all on time. Your wrongful death lawyer can prepare and file the necessary legal documents before the statute of limitations, as set by New York State laws, runs out.

Next, the defense will have the chance to respond to the complaint, either admitting to or denying the allegations. They may also file motions to dismiss the case or seek to have certain allegations dismissed.

From there, both sides of the wrongful death case engage in what is called the “discovery” process, during which they exchange information, documents, and evidence relevant to the case. This phase helps to establish liability and damages further.

Then negotiations can finally begin between the suing and liable parties. The goal is to come to a settlement that both sides can agree on.

It may be possible to reach an agreement on a fair amount of compensation before going so far as a trial in civil court. In fact, this is rather common among civil claims, which include wrongful death cases.

On the other hand, if a settlement cannot be reached in our client’s favor, our wrongful death attorneys are prepared for the next step: going to trial.

Taking Your Case All the Way to Court

Perhaps the liable party is somewhat imposing – a widely acclaimed doctor who performed medical malpractice or a car manufacturer who produced a faulty part that caused a car accident. Regardless, experienced attorneys will not be intimidated to represent you at a civil trial.

Rather, even when a successful out-of-court settlement has been our expectation, you will find that we have prepared for the possibility of an eventual trial anyway.

We will not be caught off guard by the change in the situation. At Hill & Moin, our team members will be ready to evaluate the situation when it comes along, make our recommendation to you, and then let you make the final decision regarding going to trial.

Either way, we will make our recommendation out of care for your best interests. Depending on your situation, you could be awarded a much more fair settlement by the judge or jury. However, there are times when settling out of court is more advantageous – to avoid high litigation costs, for instance.

When a wrongful death lawsuit does go to court, what happens? During the trial, both sides present evidence and arguments to prove or disprove liability and damages.

Your wrongful death lawyer can help show the judge and jury how the evidence backing up your wrongful death claim shows that the responsible party allowed a dangerous condition to exist or develop, or performed negligence in some other way, which led to your loved one’s death.

Finally, a judge or jury will make a determination and issue a verdict. If the defendant is found liable for the wrongful death, then compensation will be awarded to the surviving family members.

As you can see, wrongful death attorneys are the strong advocates you need at a hard time like this. If we take on your case, we work hard to protect your rights and best interests. We want to achieve the ideal outcome for you.

Giving You the Options You Need

“Free advice” is perhaps not as fitting a term as “invaluable advice.” Either way, that’s what you will find at Hill & Moin LLP serving New York.

We offer free consultations to ensure that everyone has a fair chance to get quality legal counsel and guidance. That’s also why we take all cases – including wrongful death claims – on a contingency basis. This means we only get paid when you get compensated.

After all, we don’t want to add to your burdens, whether financial or emotional. Rather, we want to empower you with the options to see you get both justice and compensation – along with peace of mind.

Thus, even if your case does not fall under our jurisdiction, Hill & Moin still has your back. We have a wide network of trusted attorneys and law firms who we can recommend to take on your case when we can’t.

Why is this important? Because we want the best for you. You deserve to have your concerns addressed, needs justified, and compensation maximized.

If we do direct you to another firm, please be assured that we would not make such a recommendation unless we are positive that the law firm we direct you to can serve you as well as our law firm would – with compassion and skill at winning large judgments and settlements for clients.

Finding Compassion and Care for Your Needs

Working with an experienced wrongful death attorney is not only crucial in resolving the financial repercussions of your loss – it also brings you peace of mind.

Let your wrongful death lawyer navigate the entire legal process and protect your rights while you can focus on yourself and on your family. That is certainly what Hill & Moin wants for you.

With attorneys who have become known for making clients feel like they have a “lawyer in the family,” why wouldn’t you want to come speak to Hill & Moin’s attorneys? We have the empathy – in addition to decades of experience and knowledge – to handle your wrongful death case with care and compassion.

Come talk to us to learn whether the Personal Injury Recovery SolutionsⓇ we can offer suit your and your family’s situation. Representatives of our New York City team are standing by 24/7 to take your call, so dial (212) 668-6000 anytime to get a head start on your potential legal case.

Don’t wonder about your rights!

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On a chilly winter afternoon, Mr. K innocently went out for a stroll around his neighborhood to enjoy the sights of the season. Unbeknownst to him, disaster was waiting just around the corner. Mr. K approached an intersection and entered a crosswalk with permission from the pedestrian traffic signal and began to cross the street. Unexpectedly and without notice, a vehicle entered the crosswalk as well, failing to see Mr. K in the process of crossing the street and striking him down. The collision resulted in serious damage to Mr. K’s health, leaving him with injuries to the left side of his body on his shoulder, wrist, hand, and knee. His injuries were severe enough to warrant the need for reparative surgery. Thankfully for Mr. K, Hill & Moin, LLP was ready to jump into action. Speaking of his experience with the professional and courteous staff of Hill & Moin, he noted that their level of communication went above and beyond his expectations. Whether it was dealing with support staff or the attorneys directly, Mr. K was never left with an unresolved question. As testimony to Mr. K’s claims, Hill & Moin, LLP secured him a significant settlement. With his newfound relief and hope for the future, Mr. K is planning to build his savings account so that he may treat himself to all the little things in life that bring him joy.

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Life becomes more difficult after a severe injury. If you were hurt in an accident, we know you must have experienced emotional and physical pain. Seeking pain and suffering damages could help you recover your financial losses and secure stress-relieving solutions for your future.

When you turn to Hill & Moin for help, it feels like relying on a personal injury lawyer in your own family. Because we empathize with your situation, so we focus on recovering more than compensation for the medical bills associated with your physical injuries. We want our clients to know their psychological health is also of utmost importance.

Yet, who can place a price on psychological losses after an accident? After all, pain is subjective. No one understands your exact feelings because every accident victim’s experience differs.

Understanding the Impacts of Emotional Distress

Traumatic experiences, such as those that result in lingering physical pain, can cause emotional distress. For example, one 2023 study found traumatic brain injury (TBI) patients often face depression, anxiety, and sleep problems. Another study confirms that psychological trauma relates to the following aspects of daily life.

Housing and economic circumstances

A principal mental disorder in primary care settings is harmful alcohol use and dependence. Economic crises, such as those caused by costly car accidents, can affect behavioral patterns – how often the victim consumes alcohol, for instance.

One review of empirical evidence found a correlation between financial problems and alcohol-related health conditions. The research suggests that unemployment and lost earnings can worsen drinking problems. If sufferers spend more money on alcohol or lose funds due to alcohol-induced irresponsibility, their economic situation can worsen, setting a vicious cycle in motion.

Social interactions

Depression often accompanies pain and suffering. You might begin to feel low because of the physical and emotional pain caused by your condition. Material losses can also lead to stress, feelings of worthlessness, and other depressive symptoms.

Scientific studies reveal that individuals suffering from depression are more likely to isolate themselves. This habit, in turn, can damage your relationships.

Family life and supportive care relationships

Do you need more help from your family members or friends after your accident? It is not your fault, but pain and suffering can result in undesirable behaviors like uncooperativeness, shouting, or even lashing out violently.

You might need professional care while you recuperate from your injury. Yet, some nursing homes and healthcare centers lack the training, resources, and time to address the consequences of emotional pain. Unequipped caregivers might depend on “the overuse of pharmacological interventions,” a practice associated with neglect and abuse.

How do you know whether you are experiencing emotional distress? Some warning signs are:

• Less interest in people, activities, or items since the accident
• Reduced energy
• Aches and pains that seem unrelated to your injury
• Feelings of hopelessness or helplessness
• Increased smoking, drinking, or drug use
• Excessive feelings of worry or guilt
• Suicidal thoughts or crying spells
• Difficulty readjusting to home or work duties
• Sleeping or eating too much or too little

These symptoms can culminate in post-traumatic stress disorder. However, all pain and suffering are serious. Consult a medical or mental health professional if you suspect that a preventable accident caused or worsened your issues or that of a loved one. Personal injury lawyers can help you pursue non-economic damages for your losses.

Holding the Liable Party Accountable

One purpose of a personal injury lawsuit is to recover damages, also known as losses. A New York personal injury lawyer can seek two types of damages on your behalf: economic and non-economic.

Economic damages

Economic damages are financial losses. For example, common examples of a New York City car accident are:

• Property damage (e.g. repair costs for your vehicle, landscaping fees to fix a lawn)
• Medical treatment (e.g. emergency room treatment for a broken bone, rehabilitation therapy for dislocated joints)
• Medication bills (e.g. painkillers)
• Lost wages (e.g. compensation for missed work and sick days)

The liable party’s insurance company could pay for your economic losses if your car accident was the other driver’s fault. For minor car accidents or single-vehicle wrecks, an insurance adjuster from your insurance company will estimate the value of the damage.

How much compensation are you due? Pain and suffering damages are easier to calculate with the help of a New York personal injury attorney.

Contact our New York City law office for a free car accident case review. Our legal team can evaluate your medical records, repair estimates, and employment documents to determine whether your settlement offer is fair.

Non-economic damages

New York courts must determine pain and suffering damages for accident victims. How do you put a dollar amount on pain and suffering?

In a personal injury case, non-economic damages can include intangible losses such as:

• Pain and suffering
• Inconvenience and diminished life enjoyment
• Emotional distress
• Loss of familial relationships

In the next section, you will learn two methods of calculating damages for pain and suffering.

Calculating Pain and Suffering Damages

Varying methods of calculating non-economic personal injury claim damages exist. Several factors could influence how your emotional damages are calculated, including where you live. Two methods used in New York are described below.

Multiplier method

In the multiplier method, pain and suffering damages are related to economic damages, like medical expenses. Your experience of pain and suffering is assigned a number, usually between 1.5 and 5. The more severe your physical and psychological injuries, the higher the number should be.

For instance, a severe traumatic brain injury victim might receive a multiplier of 5. On the other hand, someone who suffered a mild TBI might get a lower number, like 1.5 or 2. Then, the number is used to multiply your settlement.

Suppose you are awarded $40,000 for accident losses. If your pain and suffering multiplier is 2, your compensation will be $80,000. However, a multiplier of 5 would make your suffering worth $200,000 financially.

Per diem method

Another method to calculate pain and suffering is per diem, meaning “for each day” in Latin. The per diem method compensates a specific dollar amount for each day of pain and suffering. Courts consider both your past suffering and your life expectancy if your pain is expected to continue.

To illustrate, suppose a New York City car accident 1 year ago caused severe injuries. You suffered constant pain and emotional distress. Personal injuries could seek non-economic damages for 365 days’ worth of pain and suffering under the per diem method.

Maximizing Emotional Damages

Of course, each method to calculate pain and suffering has pros and cons. As a law firm that treats our clients like family, we want your pain and suffering damages to secure your future. So, instead of using the same methods for everyone, we consider the personal circumstances of your case to determine how best to recover compensation in New York courts.

Physical pain

No one doubts that accident victims can suffer great emotional distress and physical pain. The problem for many people, though, is proving pain and suffering.

Documenting your experiences is one way to strengthen your personal injury case. At Hill & Moin, we can let you know how to do this and guide you each step of the way.

Our experienced personal injury lawyers are ready to help you maximize your compensation. Our team can help you substantiate your pain and suffering claims using strategies such as the following.

We might ask you to:

• Keep a journal of your daily life, detailing your emotional distress and physical pain. For example, you can rate your pain and suffering on a scale of 1 to 10. You can also describe how your injury relates to your appetite, emotions, and sexual relationship with your partner.
• Take pictures of your injuries regularly, recording improvements and setbacks. Record any difficulties your injuries create for you at work. You can also keep copies of performance reviews and attendance records to show how your pain and suffering affect your ability to earn a living.
• Avoid posting anything about your accident on social media. Even innocent comments or photographs can hurt your pain and suffering claim.

Medical bills

Winning a personal injury lawsuit involves more than talking about your emotional distress. A strong pain and suffering claim must demonstrate the severity of your injury. A personal injury lawyer can help you get your pain and suffering damages calculated properly.

We can handle challenging tasks to support your personal injury claim, namely:

• Locating and identifying the liable party: Some personal injury cases fail because the plaintiff sued the wrong person. It is always a good idea to seek legal counsel before filing a pain and suffering claim. Schedule an appointment with our New York office at your earliest convenience to learn who is responsible for paying your pain and suffering damages.

• Requesting copies of your psychiatric and medical records: When recovering from injuries, administrative tasks can be frustrating. You might not know how to call, or you can reach a dead end after being on hold for hours. Let our legal representatives do the hard work of obtaining your documentation.

• Acquiring testimony from a medical professional: The opinions of doctors and mental health professionals are well-respected in many pain and suffering cases.

• Comparing the results of similar New York law cases: Justice is about fairness. Insurance companies may try to take advantage of you if you don’t know what your pain and suffering damages should be. Why take the risk?

• Defining your pain and suffering in legal terms: How you communicate the extent of your injury can significantly impact the success of your pain and suffering claim.

• Predicting future medical expenses: Insurers might rush to settle if they suspect your injuries will continue to generate medical bills. Our satisfied past clients can appreciate our dedication to securing their future. We look at how injuries will affect you long-term when calculating pain and suffering damages.
• Determining whether the per diem or multiplier method suits you: Find out about the pros and cons of each technique during your personalized case review.

• Negotiating better compensation from insurance companies: Experienced lawyers can use their expertise in dealing with insurers.

You might be wondering what you can do while you wait for your personal injury case to be resolved. Stressing about legal matters can worsen your emotional distress, so take care to prioritize your health instead. Let us deal with the tedious paperwork and complicated tasks in the meantime.

Attending your doctor’s appointments and therapy sessions will aid in your recovery. Share your pain and suffering with your doctors and therapists. Doing so will also help prove to New York courts that your pain and suffering are real.

Find Relief With Our Personal Injury Recovery SolutionsⓇ

A personal injury lawyer can quantify your emotional distress damages. Relying on Hill & Moin is like entrusting your legal concerns to an experienced lawyer in your family. Our team of attorneys has more than 50 years of experience with New York law.

Did someone else’s negligence result in an accident? When your injury is not your fault, you deserve compensation for your economic losses and emotional distress.

In New York, you have a limited time to collect compensation for your injury. Once time runs out, you might lose your opportunity to recover pain and suffering damages.

Learn more about getting your pain and suffering damages calculated today. If you are in New York City, we welcome you to visit our law office in person. You can also message us, and we will contact you as soon as possible.

During your free consultation, the team members of the Hill & Moin New York law firm want to hear how your accident injuries impact your daily life. You will also have a chance to learn about what we call Personal Injury Recovery SolutionsⓇ.

Start pursuing the pain and suffering damages you deserve. Our legal representatives are waiting to take your call at (212) 668-6000. 

Don’t wonder about your rights!

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After suffering a serious injury or loss of property due to someone else’s negligence, you may desire to seek just and fair compensation for what you have gone through. Unfortunately, at times, accident victims hold back from taking rightful legal action because they fear they cannot afford to hire a lawyer.

However, unlike other lawyers, most personal injury attorneys do not usually charge hourly or upfront fees for their services. Instead, your lawyer is more likely to take a predetermined percentage of any final settlement amount. With this type of contingency fee arrangement, you do not have to pay anything until you get money for your claim.

If you or a loved one has suffered harm due to another person’s negligent or reckless act, please do not hold back from getting the restitution you deserve. The New York personal injury lawyers at Hill & Moin LLP are here to help you understand your legal options. Call(212) 668-6000 to schedule a free case evaluation today.

The Contingency Fee System

A contingency fee is a fixed percentage fee agreed upon by the client and the attorney before entering into settlement negotiations or filing a lawsuit. The payment of legal fees is dependent on the successful outcome of the case. Simply put, in most cases, you won’t pay anything unless your attorney wins your case.

The contingency fee agreement is a written and binding contract, signed by the client and the personal injury law firm. The exact percentage a personal injury lawyer takes from his or her client depends on the circumstances of each case. Each injury claim is unique, with individual factors impacting how much an attorney will charge.

Experienced personal injury lawyers accept cases they believe they can win. This means that, in the vast majority of cases, the injury victim receives at least some compensation.

Factors Impacting the Percentage Lawyers Take in a Personal Injury Case

Multiple factors affect how much personal injury attorneys may charge for their cases. Consider the following, for instance.

Administrative fees and out-of-pocket expenses

Necessary administrative tasks are associated with every personal injury claim. Further, there may be additional case expenses involved in a personal injury lawsuit.

Case expenses may include such things as:

• Document copying fees
• Filing and records fees
• Courier fees
• Legal transcription fees
• Expert witness fees
• Travel and investigation expenses
• Court costs
• Additional out-of-pocket expenses

Especially complicated cases, or ones that take longer to resolve, may tack on significant administrative fees and expenses. Most personal injury lawyers are willing to pay these upfront costs on condition of reimbursement from the final settlement.

The complexity of your personal injury case

Complex cases tend to take longer to resolve. The amount of time your attorney spends on your case may affect the contingency fee percentage he or she charges.

If, when reviewing your case, your injury lawyer foresees that a great deal of time and resources will be required, he or she may raise the contingency fee. Product liability and medical malpractice cases often result in complex and lengthy litigation. However, it is to be noted that, under New York law, there are contingency fee limits in medical malpractice cases.

The total amount of your personal injury claim

Generally speaking, the larger your personal injury claim, the greater the settlement amount. Your attorney may be willing to lower the percentage of contingency fees if your claim is large enough.

The strength of your personal injury case

Well-practiced personal injury lawyers only accept the personal injury claims secure enough to be won. Still, some cases are stronger than others. If your injury attorney is convinced that you have a sturdy case, he or she may agree to a lower contingency fee.

Whether your personal injury case goes to trial

Trials can be costly and time consuming. The contingency fee agreement you signed with your lawyer may stipulate that the fee’s amount will increase in the event your case goes to trial.

Contingency Fees Work to Your Advantage

The contingency fee system is for the benefit of personal injury victims. Under this arrangement, attorneys work on a contingency basis rather than charging an hourly fee. Thus, those hurt have the opportunity to seek compensation for their injuries, no matter their current financial status.

If you feel you have a valid personal injury case the contingency fee system can help you in multiple ways:

• You can secure legal representation under nearly all circumstances: Contingency fees allow you to obtain quality legal representation. Even when you don’t have any money to cover attorney costs.

• You have access to the right lawyers to defend your claim: Since there are no upfront costs, you have the freedom to choose a lawyer with a successful track record, as well as a lawyer with whom you personally feel comfortable working.

• There is little financial risk in pursuing your case: In the unfortunate event that your case is unsuccessful, you will not have to worry about owing a large attorney fee.

• Your attorney is incentivized to seek maximum compensation for your case: The amount of money your lawyer makes is directly dependent on the size of your compensation award. Therefore, he or she is sure to work as hard as possible to maximize the outcome of your claim.

The contingency fee arrangement enables you to afford to protect your rights. Don’t miss out on your opportunity to make your life whole again after a serious accident. A knowledgeable personal injury lawyer can help you to establish the facts of your case and advise you on the ideal way to successfully resolve it.

Reach Out to Personal Injury Lawyers in New York City for Advice

A serious personal injury can lead to untold pain and suffering. Trying to navigate the legal system while recovering physically and financially may leave you feeling distressed and anxious, but an adept, compassionate personal injury lawyer can ease this process for you.

At Hill & Moin LLP, we like to act on your behalf as your “lawyers in the family.” Because we care for each of our clients.

With over 50 years of combined experience, the legal team at Hill & Moin LLP has dedicated their efforts to successfully litigating serious personal injury claims of New York residents on a contingency fee basis. When you have knowledgeable and experienced personal injury lawyers on your side, you can be confident that your future is secure.

Reach out to a personal injury lawyer at Hill & Moin LLP, located in New York City, to help you understand your legal recourse. We offer our clients Personal Injury Recovery Solutions® that work. Call (212) 668-6000 to schedule a free consultation today. 

Don’t wonder about your rights!

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When you hurt, you want justice. When your loved ones are in pain, you want to do something to help them. And when you have recently faced a serious accident, you need someone you can rely on to reduce your anxiety and ensure you can make up for your medical expenses and lost wages. That’s why personal injury lawyers exist.

For one, you can consult a personal injury attorney practicing in your state who knows how to deal with your type of case. But is your case big enough to be taken on by a personal injury firm? What kind of cases do personal injury lawyers handle?

We will answer these questions and more in this article, hoping to ease your mind. The compassionate lawyers of Hill & Moin LLP have helped thousands of New York City residents secure their future and achieve justice after a personal injury. You can call us at (212) 668-6000 to find out more about the many types of personal injury claims.

Common Types of Personal Injury Cases

In short, there is an ever-growing list of personal injury lawsuits and claims as years go by. So if you are unsure which of the following categories your case falls under, you can check out other pages here on our website or else contact us personally to find out whether or not you can file a personal injury claim with our help.

While most claims are settled out of court, it’s possible that yours could become a full-on personal injury lawsuit. By seeking help from an experienced personal injury lawyer, you can save yourself the stress of handling the legalities yourself. We have the experience to increase your chances of success, so please bring your story to us to learn your options.

Your initial consultation with us is free, so there is no risk to call or send us a message. Speak to our team now, if you like – our representatives are available 24/7. We want you to get answers as soon as possible.

Traffic collisions

Are you experiencing the pains of whiplash? Is muscle soreness or weakness slowly surfacing as well? Perhaps you are facing the aftermath of a car accident. Maybe you were hit by a much larger vehicle in a truck accident or when you were riding a bike.

Traffic collisions include:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Bicycle accidents, and;
• Pedestrian accidents

It is common knowledge that personal injury lawyers handle car accidents. Some personal injury lawyers specialize in motor vehicle accidents.

No matter the traffic collision you are trying to recover from, a personal injury lawyer here at the law firm of Hill & Moin LLP in New York City can make your goal achievable by giving you the legal advice you need at this difficult time. If we take on your case, you can be sure we will fight for you as if you were a member of our own family.

Maybe it seems you walked away unharmed, but do not be fooled by the adrenaline rush and other immediate physiological effects of a recent trauma. With time, your condition could worsen and other irritating, even severe, injuries could reveal themselves.

Rather than leaving your health up to chance, make sure to see a doctor straight away. You should also consult a personal injury attorney immediately. The involved insurance companies may resist paying you fair compensation, even for a relatively small sum, but you can fight their efforts with the right help.

Personal injury lawyers can back you up in both small and large auto accident cases. They can help you face the imposing legal arguments of major entities if necessary, even an intimidating trucking company or insurance provider. Either way, we want to see you get the amount of money you need to recover both physically and financially.

Perhaps your accident was more than a simple car or bicycle accident. Was public transportation involved? This brings us to the next category of personal injury we have listed for you.

Transportation accidents

A particularly relevant topic to New York City people when discussing personal injury is whether our extensive transit system was involved. Perhaps you collided with a bus while driving your own vehicle. Maybe you were riding the subway when your train malfunctioned or even walking through a train station when you slipped.

A lot can happen in a big city like ours. The Hill & Moin team knows the ins and outs of transportation accident cases, so we can help you figure out your next step when you bring your story to us. There’s no need to fret about the intimidating thought of suing a large transportation company.

Even if your health condition seems dwarfed by the size of the entity you intend to file your personal injury claim against, we will not be intimidated. When Hill & Moin takes on your case, our legal team will give it all we have to protect your rights.

Falls, dog bites, and other premises liability accidents

Premises liability is not as vague as it sounds. Simply put, it is another case type that your local NYC personal injury lawyer can help you with.

If you had a fall accident or a bite from an animal, the category of your case may or may not be premises liability – but this is very possible. Slips, trips, and falls in general are often governed as premises liability accidents, and it’s quite common for dogs to bite strangers in public or at their owner’s home.

Your case type will partly depend on where you were hurt, and perhaps when. When you have a premises liability case on your hands, you had to have been injured on someone else’s property – perhaps at a friend’s house, a store, another place of business, or even on a city sidewalk.

New York governs premises liability law in a unique way compared to other states. Here, the injured party may be compensated if the property owner could have foreseen the injury but still failed to prevent it.

This rule, in some personal injury cases, could smooth out the process of proving your side of the story. It’s possible the money could come your way sooner and easier than if you had to show that you were not a trespasser at the time you got hurt.

The following common personal injury cases could fall under premises liability:

• Slip and fall
• Trip and fall
• Dog bite accidents
• Workplace accidents
• Construction site accidents
• Sidewalk accidents

Not only can premises liability prove to be an especially complicated sphere of personal injury law, but your case may not be as it seems. To make sure your personal injury claim is filed correctly according to the right statute of limitations, consult an experienced personal injury attorney first, no matter how minor your injuries may seem at this time. Serious injuries sometimes take weeks, months, or years to show themselves.

Workplace accidents

New York workers’ compensation law protects all workers. Even if you’re an undocumented worker, there is no need to be concerned about your current immigration status while pursuing a legal claim. Your personal injury attorney can handle your case and protect your rights without the risk of deportation or losing your job, under state law.

Construction accidents are one common source of workplace injuries – as we know too well, here at Hill & Moin LLP. Our personal injury attorneys have extensive experience in handling a wide range of varying construction accidents. These include, but are not limited to, those listed in the following section.

Construction accidents

Make sure to bring your own personal injury cases to your local New York personal injury attorneys right away if you or someone you know has been hurt on an NYC construction site. These injuries tend to be serious.

Perhaps the construction accident in question involved one or more of these:

• Hoisting accidents
• Holes in construction site flooring
• Fall accidents
• Electrical shocks
• Loader accidents
• Improper cleanup and maintenance or other negligence
• Scaffolding
• Heavy equipment and machinery accidents
• Demolition
• Contact with objects or equipment
• Utilities and electrocution
• Exposure to harmful chemicals, substances, or environments
• Explosions and fires
• Welding
• Wrongful death

Please see our web pages, linked above, on each of these subjects to find out more about the case type that pertains to you. Construction accidents may be complex, but the lawyers of Hill & Moin in New York City have an incredible range of experience that we would be happy to use to make your life a little better.

Medical malpractice

Medical malpractice can feel especially devastating to the patient who just wanted relief. Sadly, medical malpractice can mean that your medical treatment only makes your pre-existing condition worse or even negligible, not to mention that the medical bills have yet to stop piling up. Personal injury law is in place to protect you as a victim of this injustice.

You are understandably upset when a medical practitioner, maybe even your own healthcare provider, proves to have hurt you or someone you care about. Unfortunately, such accidents are all too common around here, in a state where the medical malpractice claim payouts happen to have been the highest in the nation for many years in a row.

What kind of medical malpractice are you facing? Our results-oriented law firm and trusted network of lawyers regularly handle cases involving:

• Misdiagnoses
• Delayed diagnoses
• Birth injuries
• Anesthesia errors
• Medication errors
• Surgical errors
• Dental malpractice
• Traumatic brain injuries
• Spinal cord injuries

Medical negligence must be addressed by means of medical malpractice claims. Don’t shrug off even seemingly minor injuries caused by wrongful actions. Instead, come seek advice and legal representation at Hill & Moin LLP in New York City.

Senior citizen’s accidents and nursing home abuse

Has your loved one been hurt by malicious treatment in a nursing home or had a senior citizen’s accident? We feel the pain of this injustice and want to help you hold the liable party responsible for your loved one’s suffering.

Since a senior citizen’s well-being may be especially fragile, make sure to seek help from both the authorities and personal injury attorneys if you notice anything wrong. Both severe and minor injuries resulting from accidents, abuse, and neglect can show up as both physical symptoms and emotional distress.

Wrongful death claims

Indeed, this category of personal injury law deals with more than severe personal injuries. Nevertheless, wrongful death lawsuits are also among personal injury claims.

Understandably, your sense of justice may be especially triggered when a loved one dies due to someone else’s negligent action or inaction. Wrongful death is never a small matter. Please be assured that the compassionate attorneys of Hill & Moin will show you kindness and give you a listening ear when you tell us your story.

Travel accidents

We have also worked with clients to tackle the following travel-related types of personal injury cases:

• Hotel accidents
• Aviation accidents
• Amusement park accidents
• Cruise ship accidents

After a vacation, mishaps or not, you may be tempted to put off going to the doctor or hospital. But if something did happen while you were traveling or out having fun with your family, don’t delay in seeking medical and legal help. Your personal injuries might be more severe, and the legal angle more complex, than you can imagine.

Getting started by consulting personal injury lawyers right away is your ideal course of action. You don’t want to miss the insurance company deadlines or the statute of limitations and lose out on your claim to compensation.

Police brutality cases

You may be surprised to learn that a personal injury lawyer can also handle police brutality cases. Yes, unfortunately, this cruelty seems to be becoming more common.

If you have been unfairly treated by an officer of the law, make sure to seek help. If someone you know admits this happened to him or her, then please urge that person to seek legal help right away. The New York personal injury lawyers of Hill & Moin LLP can tell you whether or not you have a personal injury case.

Catastrophic injury

Perhaps the personal injury victim was up against a larger vehicle as the victim of a motorcycle accident or truck accident. Or else medical malpractice, workplace injury, or birth injury caused him or her to suffer life-changing injuries.

At times like these, the severity of a particularly serious injury determines the case type. For example, the following may be considered catastrophic injuries:

• Spinal cord injury
• Traumatic brain injury
• Burns
• Bone fractures
• Head injury
• Eye injury
• Loss of hearing
• Nerve damage
• Facial trauma
• Crush injury
• Brain damage
• Back injury
• Loss of eyesight

Your personal injury attorney will prove to be invaluable to you in a situation like this. While you focus on your own recovery and your family, the attorneys of Hill & Moin’s trusted network are well-equipped to gather evidence including the personal injury victim’s medical records and medical bills.

New York Personal Injury Lawyers Handle NY Cases

In reading this article, we hope you have found the answer to your original question: What kind of cases do personal injury lawyers handle? As you can see, there is a wide variety.

No matter the firm you choose, your personal injury lawyer should be licensed in the state where you were hurt. Your attorney should also be well-prepared to handle your specific type of personal injury case with the best possible chances of success.

During your free consultation with us at Hill & Moin in New York City, we will prioritize your needs by determining whether we are the right fit for you. We can even refer you to out-of-state attorneys who also utilize our legal strategies.

That’s why our clients know we have their back. Either our personal injury lawyers handle the case you bring to us, or we can refer you to a trusted law firm that suits your needs.

As your lawyers “in the family,” we want what’s best for you and your loved ones, so come to us to find out more. Tell us about your car accident, bicycle accident, construction accident, workers’ compensation, wrongful death lawsuit, traumatic brain injury, or other personal injury case to see how we can help. When Hill & Moin LLP is on your side, you can be confident that your future is secure.

Call to find out your Personal Injury Recovery SolutionsⓇ to seek compensation, get justice, pay your medical expenses, and recover lost wages – dial (212) 668-6000. A free consultation with us is your first step towards the compensation you need to look after yourself and your family.

Don’t wonder about your rights!

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When Alex E headed out to deliver orders for UberEats, winding up injured and traumatized before the end of his shift was far from the outcome he expected. Riding on his e-bike, Alex E was lawfully passing through an intersection on a green light when he was unexpectedly hit by a vehicle making a left-hand turn. Sent flying through the air, he made impact with the windshield before rolling over the hood and landing on the pavement below. As a result, he suffered shoulder, neck, and back injuries requiring costly medical treatment. But when he was put in touch with Hill and Moin, LLP, things began to look up. Describing the staff as “absolutely great”, Alex E raved that the performance of Hill and Moin, LLP was above and beyond what he expected when they successfully negotiated a whopping $670,000 settlement! He expressed his delight with the swift way his case was resolved due to the hard work and diligence of his attorneys and their supporting staff. Grateful to have found the office of Hill and Moin, Alex E is looking forward to not only opening both emergency and investment funds, but also enrolling in law school and beginning the next chapter of his life.

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When a loved one dies due to negligence, seeking justice is crucial. Filing a wrongful death claim holds the responsible party accountable, prevents recurring harm, ensures financial stability for surviving family members, and brings peace and closure in the face of injustice. But how long does a wrongful death lawsuit take?

Contact Hill & Moin LLP for legal assistance in seeking fair compensation for your wrongful death claim. We offer free consultations.

When you choose Hill & Moin LLP to represent your wrongful death lawsuit, it’s like having “a lawyer in the family.” Call us today at (212) 668-6000 to learn more in a free case evaluation.

What Is the Average Length of a Wrongful Death Lawsuit?

Wrongful death lawsuits are unique. Some cases may only take months to settle while others can take two to four years to resolve.

A wrongful death case is a complicated legal process that cannot be hurried, but an experienced attorney can devote the necessary time and attention to settle wrongful death claims. The right wrongful death lawyer for you will be equipped to handle the various aspects of your suit, whether negotiating with an insurance company or relating another personal injury claim or lawsuit to your case.

Why You Should Not Be in a Hurry to Settle a Wrongful Death Lawsuit

In wrongful death cases, we understand the desire to settle things quickly. It’s natural to be concerned about how long the lawsuit may take.

After losing a loved one, financial struggles can hit hard. The future may seem uncertain if your family relied on the deceased person as the main provider.

Settling a wrongful death suit fast might seem like the best option. It can help cover immediate bills and keep your family out of debt. But you also need to consider the long-term benefits of being patient. A quick wrongful death settlement may offer immediate relief but is not a lasting solution, for the following reason.

Insurance Companies Are Not on Your Side in a Wrongful Death Case

Insurance companies want to pay as little as possible in wrongful death settlements. They often start with a low offer, hoping people will accept it. This process consumes time.

Do not be fooled by this tactic. The initial amount offered is most likely less than what your family deserves. While money can never bring back your loved one, getting the maximum compensation you are entitled to receive is essential for your family’s future.

An experienced lawyer can estimate the amount of compensation you are entitled to and fight for that sum on your behalf. Meanwhile, you can focus on taking time for yourself and your family.

Why Might a Wrongful Death Case Go to Trial?

When a wrongful death claim cannot be settled out of court, the case moves to a trial. Insurance companies may not agree with you on how much should be paid as a wrongful death settlement. The disagreement may be related to what is deemed reasonable funeral and burial expenses or lost wages.

During the trial, the jury listens to the evidence presented by the law firm working on your behalf or that of your personal representative. The jury decides on a fair and reasonable amount for the family members.

The jury looks at the harm caused and whether the death happened because of a crime or a medical mistake. In those situations, the jury might decide that the person responsible should also pay punitive damages.

Punitive damages serve as a form of punishment that can be awarded in certain cases, such as medical malpractice or car accidents involving negligence. This additional penalty serves to hold the defendant accountable for his or her reckless behavior.

What Is Involved in a Wrongful Death Lawsuit?

A wrongful death lawsuit comes into play when a person passes away because of someone else’s negligence. The case may not be settled out of court. This means the surviving family members can bring a wrongful death trial to seek justice.

In such wrongful death claims, the court or a jury decides how much compensation the surviving family members should receive. This amount is calculated by considering various factors such as:

• Victim’s age
• His or her health
• How much the deceased could have earned
• Duration he or she could have lived
• How the deceased supported his or her family
• Mental anguish of surviving family members

What can you do to ensure that you get just compensation in the wrongful death lawsuit? First of all, speak to a lawyer straight away.

Why You Should Get Help From a Lawyer

There are several steps to take when it comes to a wrongful death lawsuit. In any case, though, the process starts with the deceased’s personal representative reaching out to a knowledgeable lawyer.

Wrongful death attorneys can guide you through every phase of the legal process. Your lawyer can ensure the wrongful death lawsuit is filed before the deadlines pass and identify who should be responsible for your loved one’s death. This way, you can seek the right amount of compensation for the harm and mental anguish caused.

Although wrongful death cases end eventually, the journey for injured victims seeking justice and fair compensation can be challenging. However, with the right legal support, you can overcome the legal process and work towards finding closure.

Working with a lawyer also makes it possible for you to respond to an unsatisfactory offer with a strong appeal and achieve justice. For example, if the compensation amount awarded is not satisfactory, you have the right to appeal the decision. You can seek a larger, more fair wrongful death settlement.

What Circumstances Can Affect the Timeline of a Wrongful Death Case?

While you realize it takes some time to settle a wrongful death case, you may wonder, “How long does a wrongful death lawsuit take?”

The answer is: It varies. While one case may take just a few months, others can be more drawn-out and complicated. Factors such as determining fault, proving liability, agreeing on fair compensation, or whether a crime was involved may increase the time needed to settle the claim or case.

Determining fault

One of the first necessary steps is to determine who is responsible for the death. It may not always be clear-cut who is at fault. There may be more than one party responsible. Difficulty establishing the liable party can affect how smoothly the case progresses.

Proving liability

You may feel certain you know who is responsible, but in a legal case, you must prove liability. To do this, you need as much evidence as possible to support your claims. Once liability is established, the next step is to seek a reasonable settlement.

However, the other party might try to create reasonable doubt, casting uncertainty on his or her responsibility. Wrongful death attorneys can effectively gather and present strong evidence to ensure you receive the compensation you deserve.

Vying for a certain amount

The amount of money sought for compensation can also change the timeline, especially if the case involves dealing with an insurance company. At times, the insurer might dispute who is at fault, which can further prolong the process.

Criminal action

If the victim’s death resulted from a criminal act, this could complicate the timeline. Additionally, suppose there is evidence suggesting that the person who passed away was partially responsible for the accident that caused his or her injuries and death. Such factors can influence the length of time it takes to resolve a wrongful death claim.

Other Factors That Complicate a Wrongful Death Case

Wrongful death cases can be quite complex for several reasons. What factors can add to the challenges of these types of cases?

Family grief

Though the family members are already dealing with grief, some may be forced to buckle down and focus on legalities. This is truly an inconvenient time to learn complicated laws and procedures regarding their loved one’s passing.

Need for witnesses

Another reason for the complexity of a wrongful death lawsuit is that the evidence in these cases may not be straightforward. Sometimes, numerous witnesses are required to testify to support the plaintiffs’ claims. It takes time to track down eyewitnesses and secure the testimony of experts.

Victim’s share in the accident

If there is cause to believe that the victim may have had some involvement in his or her own demise, this can further complicate matters.

For example, it could be that the deceased passed away in a car accident where he or she was driving slightly over the speed limit, but the other driver was drunk.

In such a situation, it’s harder to determine who should be held accountable or how the liability should be portioned out. Thus, the wrongful death case may take some time.

Insurance companies

An insurance company may be involved in settling wrongful death claims. For example, when someone’s spouse passes away, the surviving husband or wife may need to deal with an insurance company. This often happens after an accident or personal injury is caused by a wrongful or intentional act.

The insurance company is responsible for assessing the situation and determining whether the surviving spouse can recover damages. Sometimes, insurance companies may not respond or cooperate, and that can make things difficult.

Estate process

After a person’s death, his or her belongings and property become part of the deceased person’s estate. Most wrongful death claims aim to financially compensate the family left behind. Typically, you do not need to pay taxes on the compensation received from wrongful death suits in New York, though this may differ in other states.

However, the exact rules can vary, so consult a legal expert to understand how taxes may or may not apply in your situation. This way, you can follow the legal process and receive the correct compensation without unnecessary tax burdens on the deceased’s estate.

How to Determine the Amount of Compensation to Seek

In a wrongful death claim, various types of damages can be sought to compensate for the losses caused by a wrongful act, such as medical malpractice or negligence in a car accident. Some of these damages aim to cover the expenses the person incurred before passing away, like medical bills.

Additionally, the family may seek to recover damages to help address the financial impact of funeral expenses and the mental suffering caused by the wrongful act. Most of the damages are awarded to the family members who are left behind.

These damages cover things like:

• Funeral expenses
• Burial expenses
• Money the person would have earned if he or she were still alive
• Support and services he or she provided to his or her family
• Loss of guidance, love, and companionship the deceased offered
• Mental suffering the family is experiencing

Awarding damages aims to help the family cope with the loss and hardships of a loved one’s death. Consulting a lawyer can help establish the value of your case.

How Solid Evidence Helps Your Case

In a wrongful death case where the defendant acted negligently, evidence must be gathered from the accident scene that shows how the personal injury resulted from the defendant’s negligence.

In personal injury cases, one key element is proving that the defendant breached the duty of care. A breach means he or she failed to fulfill a responsibility to keep others safe.

Evidence can take different forms, such as:

• Medical records
• Pictures
• Witness statements
• Death certificate

When negligence leads to death, the family may seek legal assistance from a law firm specializing in wrongful death cases. Your lawyer can help to gather essential evidence for your case.

Under New York law, evidence can be used to build a strong criminal case or a suit in a civil court. These cases aim to compensate the surviving family members for losses, including funeral and burial expenses and the emotional impact of losing a loved one.

The evidence gathered strengthens your case and helps figure out how much money should be recovered for:

• Medical bills
• Lost wages
• Income the person would have earned if he or she were still alive

What is the Time Limit to File Wrongful Death Lawsuits in New York?

Each state has a specific time limit for legal action in a wrongful death case. In New York, you generally have only a few years from the date of the loved one’s death to file a wrongful death lawsuit.

Consult an experienced wrongful death attorney in New York if you are unsure about your case or need more time. You may get a statute of limitations extension in certain situations.

If you only discovered the cause of your loved one’s death after his or her passing, the “discovery rule” can come into play. It must be proven that you did not know the cause of illness or injury before your loved one died. If the court agrees, the time limit to file a wrongful death lawsuit can be counted from the date when you find out the cause of death rather than the actual date of death.

Get Help With Your Wrongful Death Lawsuit

Untimely deaths are tragic. Sudden and avoidable deaths happen daily from many different causes. Across the US, it’s estimated that more than 250,000 people die each year from medical errors alone.

When someone you love dies because of someone else’s mistake, take immediate action. You need to find out what to do.

To help you with this, we offer free evaluations to help families understand their legal choices and gather information to make suitable decisions.

Contact the New York law office of Hill & Moin LLP to schedule a free consultation with us regarding your potential wrongful death lawsuit. Our team members can listen to and guide you without pressure or obligation. Many clients have said having our firm represent them feels like having “a lawyer in the family.”

Join the family. Complete the contact form or call us today at (212) 668-6000 to learn more about your Personal Injury Recovery SolutionsⓇ.

Don’t wonder about your rights!

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