O.M. had left her apartment to head outside. She had made it to the lobby of her apartment building and had walked to the entrance/exit when she tripped and fell due to a defective step. She suffered injuries to her right wrist and left ankle requiring immediate hospitalization and right wrist surgery.
O.M. contacted a colleague who recommended Hill & Moin LLP. She called their office and they conducted an intake and commenced an investigation. They worked diligently on her case and started a lawsuit even during the COVID pandemic. Incredibly, O.M.’s case was settled for $450,000.
When O.M. was informed of the bountiful settlement, she was surprised and ecstatic. She described her great experience with Hill & Moin. She stated that everyone on the Hill & Moin team was always there for her to address her concerns and questions with patience and assurances. She couldn’t have been happier with Hill & Moin’s representation on her case and highly recommend them to anyone seeking legal representation for personal injury.
In a big city like New York, the benefits of riding a bicycle to get around town are plentiful. Unfortunately, the risks are also abundant. On a clear evening, N.C.’s husband was riding his bicycle, lawfully following road signs and signals. During his ride he approached an intersection, where the traffic signal was green for his lane. Traffic seemed to be ebbing and flowing as usual, he had no reason to believe everything was about to change.
As N.C.’s husband crossed, he was blindsided by a tow truck which had attempted to make an illegal turn and plowed directly into this father of 5 young children. Although he was raced to the hospital, tragically, he succumbed to his injuries.
Devastated by their loss, N.C. knew that her husband deserved justice. It was then that she made the decision to speak with Hill & Moin to weigh her options. Working closely with them through such a difficult time, N.C. was thankful for Hill & Moin’s sincerity and kindness as they zealously worked to collect a settlement of the full insurance policy for her family’s deep loss.
She commended Hill & Moin’s staff for their straightforward and steady communication, from beginning to end. Turning to the future, N.C. plans to return to her home country where she will build a home for her family.
New York City is known as the best city in the country for walking and public transportation. Between 2013 and 2023, pedestrian deaths on NYC roads dropped by 45 percent. However, in recent decades, a new danger to pedestrians has emerged – not from vehicles but from distractions.
The “distracted walker” phenomenon refers to pedestrians who are so engrossed in their smartphones, devices, or conversations that they could overlook a hazard as they walk. One study found that 39 percent of New Yorkers admitted to personally walking distracted – a higher percentage than walkers in other US cities. If you get injured in a slip-and-fall accident on someone else’s property while distracted, this raises serious questions about who is responsible.
In this article, we will discuss the phenomenon of the distracted walker in greater detail and consider how shared liability can affect compensation in a slip-and-fall accident claim in New York City. You may have more legal options available to you than you might expect.
The Dangers of Distracted Walking
A detailed study by the American Academy of Orthopedic Surgeons (AAOS) found that almost 25 percent of Americans have witnessed a distracted walking incident, and 26 percent have been involved in an incident personally.
It’s common for distracted walking incidents to involve:
Falling down stairs
Tripping over curbs
Stepping into traffic without looking
Walking into objects, such as trash cans and lampposts
If you are fortunate, you may be able to walk away with bruising to nothing more than your ego. However, these seemingly minor, low-speed accidents can lead to catastrophic and occasionally fatal consequences.
The law on distracted walking in New York
Back in 2019, there were moves in the New York State Senate to ban pedestrians from crossing the road while using portable electronic devices. While these have not become law, walking while distracted could lead to jaywalking, which is illegal in New York City.
Also, if you get involved in an accident and injure someone or cause damage to another person’s property, you could potentially be pursued for compensation in a civil case. However, liability is often complex, and it is important to talk to an experienced New York City slip-and-fall accident attorney to understand your legal position.
Types of distraction while walking
Distractions while walking fall into three main categories:
Manual: Distractions involving your hands, such as eating, smoking, or texting
Visual: Anything causing you to take your eyes off where you are going, such as following a map, reading on a smartphone, or operating a music player
Cognitive: When our minds are elsewhere due to stress, conversations, fatigue, or the influence of drugs or alcohol
It may not be realistic for any of us to be completely focused on the road ahead the entire time we are walking. However, it is usually best to avoid using a smartphone while walking on the street. Ask yourself, “Can it wait?” If it can, then deal with it later.
Also, be attentive to your surroundings, including other pedestrians. Noise-canceling headphones can make it harder to hear and respond to sounds on the road, such as approaching vehicles or emergency sirens. Therefore, it is probably best to avoid wearing them when walking in busy areas.
The danger of complacency
We all readily acknowledge that distracted driving is dangerous, even potentially lethal. Yet, many do not feel the same way about distracted walking. We may feel it is perfectly safe to text, watch videos, play video games, or engage in a serious conversation while walking.
The AAOS study discovered that while 78 percent of people agree that distracted walking is a serious problem, only 29 percent admit it is an issue for them personally. According to the majority, the problem is everyone else.
Who is at risk?
A review of emergency department visits due to distracted walking found that from 2011 to 2019, there were an estimated 29,140 injuries suffered across all age groups. Perhaps unsurprisingly, given their high level of smartphone use, people between the ages of 11 and 20 suffered the most injuries.
While young people sustain the most slip-and-fall accidents, older adults are at the greatest risk of serious injuries. Women over the age of 55 are the most likely to sustain serious injuries due to distracted walking.
Injuries suffered from distracted walking
Sadly, every year, people lose their lives or get seriously injured from downplaying the risks and engaging in distracted walking. Slip and fall injuries may sound innocuous, but it’s possible to sustain injuries such as:
If you damage your spine, hit your head, or receive other catastrophic injuries, your life may never be the same again. For seniors, slip-and-fall accidents can be especially devastating. The CDC estimates that 1 in 5 falls results in a serious injury to people aged 65 and older. Each year, over 800,000 seniors are hospitalized due to a fall injury.
Whether your injuries are life-changing or less serious, it is crucial to seek advice from a slip and fall attorney. Even if you think you were partially responsible, do not hold back from seeking legal advice.
A lawyer can use his or her in-depth understanding of New York shared liability laws to determine whether you have the right to pursue compensation for the economic losses and pain and suffering you have endured. You can find out what your case may be worth during a free consultation.
Shared Liability: Seeking Compensation When You Are Partly Responsible
In slip and fall cases, before you can seek compensation for medical bills, lost income, and other expenses, you must prove who was liable for the accident. This may be complicated in cases involving distracted walking, as there may be two or more potentially liable parties for the slip-and-fall accident that caused your injuries.
The good news is that even if you were partly responsible for your slip-and-fall accident, New York laws enable you to pursue compensation from the other party or parties.
New York shared liability laws
State laws determine how your own degree of fault affects the money you could get. For instance, New York is a pure comparative negligence state. This means that even if you were 99 percent responsible for an accident in this state, you may still be able to recover compensation from the other party.
However, on the flip side, this means the other party or parties also have the right to seek compensation from you. At the same time, under comparative negligence laws, your settlement will be reduced if you were partially responsible for your own injuries.
For example, if you are found to be 40 percent responsible for the accident due to distracted walking, you will only receive 60 percent of the settlement you would have received if you had not been responsible at all.
Conversely, the same would go for a case involving a distracted driver. If you and he were found to both be 50 percent at fault, in New York, you could receive 50 percent of damages.
Proving liability in slip and fall cases
Property owners and managers have a duty to protect visitors who enter their premises. To recover compensation from a property manager or owner, your attorney must prove that he or she could have foreseen an injury taking place and yet failed to take appropriate action. Simply put, you must prove their liability.
The property owner’s negligence could include:
Failing to clean or maintain their property
Failing to rope off a hazardous area
Failing to give notice of an existing hazard
Failing to remove debris or obstacles from walkways
However, if the property owner can produce surveillance camera footage or other evidence that you were distracted at the time, you may bear partial responsibility for what happened.
An experienced slip-and-fall attorney could investigate your case and build a strong slip-and-fall claim for compensation. From there, your lawyer would negotiate with the other party’s insurance company or attorneys to agree on a fair settlement for both parties. If necessary, a slip-and-fall lawsuit could be filed and you could go on to pursue damages in court.
Trust the Experience of Hill & Moin Slip and Fall Attorneys
A slip-and-fall accident involving a distracted walker can be complicated, especially as such cases often involve shared liability and foreseeability of a hazard. However, do not let the complexities put you off seeking justice and the compensation you need to get your life back on track.
At the New York law firm of Hill & Moin, our attorneys are ready to listen carefully to your story. While it may be complex, we can provide the advice you need to decide whether you want to take your case forward. If you hire us, you may rest assured that we will do all we can to give you the best possible chance of receiving the compensation you deserve for your slip-and-fall accident.
If you are ready to learn more about the Personal Injury Recovery SolutionsⓇ to your slip-and-fall, schedule a free consultation with us. Call us 24/7 at (212) 668-6000 or complete our online form, and we will contact you soon.
Electric vehicles are changing the face of motoring in New York City. Despite its reputation as one of the best cities in the country for walking and public transportation, 83 percent of transportation emissions in NYC still come from private vehicles. The City has so far transitioned about 67 percent of its fleet to alternative fuels and is installing more public charging stations to help NYC residents make the transition to battery electric vehicles (BEVs).
While these statistics show the progress New York City is making toward a greener future, electric vehicles also pose safety risks. They weigh far more than gasoline vehicles, run quieter, and present different risks when involved in serious accidents.
This article will examine how safe electric vehicles are and some issues that may be of concern. We will also explore the potential injuries they can cause and what you should do if you are involved in an electric vehicle accident.
Electrical Vehicle Safety Advantages
Before discussing the dangers of electric vehicles, it is important to acknowledge that these are required to meet the same safety standards and to undergo testing – just like conventional cars before they can hit the road.
Electrical vehicles also often have additional safety features that may not be present in traditional vehicles. For example, many electric models now include automatic emergency braking, lane departure warnings, and features to shut off power if a collision or short circuit is detected.
In addition, electrical vehicles may have a lower center of gravity due to the central positioning of the battery packs. This can improve their stability and make them less likely to roll over in the event of a crash.
Many electric vehicles have earned key safety awards. In 2024, the Insurance Institute for Highway Safety (IIHS) awarded 3 electric makes its highest honor, the Top Safety Pick+ award. Its rigorous testing assesses vehicles’ safety performance in frontal and side-impact crash tests.
Potential Dangers in Electric Vehicles
Although electric cars are generally as safe as – if not safer than – regular vehicles, they do pose some unique challenges.
Fires
The good news is that although electric vehicles have been involved in recalls due to fire risks, a study has shown they are less likely to catch fire than hybrid or regular gas-powered vehicles.
Analysis of data from the National Transportation Safety Board (NTSB) showed electric vehicles were involved in just 25 fires per 100,000 vehicles. By contrast, gas-powered cars were involved in about 1,530, while hybrid cars had 3,475 fires per 100,000 vehicles.
That said, the NTSB has highlighted a group of people who are particularly at risk from lithium-ion battery fires – first responders. The potential dangers include:
Electric shock from exposed high-voltage components
Uncontrolled temperature and pressure increases that can cause thermal runaway, leading to fires
Residual energy in the damaged battery, which can cause it to reignite
If you are involved in an electric vehicle collision, first turn the vehicle off – safely. Avoid touching the high-voltage batteries, cables, and other components; many manufacturers use bright orange cables to make these easier to spot.
Let first responders know that this is an electric vehicle. This can help them to keep both you and themselves safe as they assist you.
Acceleration risks
Typically, electric cars have lower top speeds than regular cars. However, they can reach top speed much more quickly. A recent study by Cambridge Mobile Telematics (CMT) found that the acceleration risks posed by electric vehicles are 180 percent to 340 percent higher than with traditional vehicles.
More rapid acceleration may reduce the time electric car drivers have to react to hazards, including pedestrians, cyclists, and other road vehicles. Drivers who are unfamiliar with driving electric cars may not realize this crucial difference, causing them to accelerate too aggressively. The injuries caused by being struck by a fast-moving, heavy vehicle could be devastating.
Harder to exit in an emergency
Being in a car crash is bad enough, but being stuck in the vehicle and struggling to get out afterward is the stuff of nightmares. If the electric motors on the doors of your electric car shut down after an accident, you will need to use the emergency release functions to get out.
On some Teslas, the emergency release function is known to be tricky to find. For example, to open the Falcon wing doors on a Tesla Model X, you need to remove the speaker grill on the door and then pull the release cable down and towards the front of the car. Try doing that after sustaining a serious injury! Even worse, the rear doors on a Model 3 have no emergency release function.
Silent operation
A benefit of electric cars over conventional vehicles is the low level of noise pollution they generate. However, their almost silent operation can pose a danger to pedestrians, who can’t rely on hearing an electric vehicle coming before making a decision to step out into the road.
Both electric car drivers and pedestrians need to be extremely vigilant to prevent accidents, even at low speeds where wind resistance and tires create less noise. Congress now requires electric and hybrid vehicle manufacturers to add sounds to electric and hybrid vehicles when traveling at speeds of up to 18.6 miles per hour to protect pedestrians, cyclists, and blind people.
Heavier vehicles
Electric vehicles are significantly heavier than their conventional equivalents. For example, GMC’s Hummer EV weighs about 3,000 pounds more than the equivalent full-size pickup. Its full battery pack alone weighs nearly as much as a regular Toyota Corolla sedan. Meanwhile, Ford’s F-150 Lightning pickup is over 2,000 pounds heavier than the gas-powered model.
The laws of physics dictate that when two objects collide, the heavier of the two will do more damage to the other. As the electric vehicle may often be the heavier vehicle, the impact on other vehicles and pedestrians can be catastrophic.
Potential Injuries From Electric Vehicle Crashes
Electric vehicles can cause the same range of injuries as conventional vehicles, but there are a few added risks worth noting. Common auto accident injuries include:
If the battery packs in an electric vehicle catch fire, the results could be catastrophic. Burn injuries can be particularly serious, leading to the following complications:
Dehydration
Infections, including sepsis
Respiratory problems from inhaling smoke and chemical fumes
Burn injuries can have a long-term, even permanent, impact on your health and your ability to work. If you have been affected by burn injuries after an electric vehicle crash, it is essential to seek medical treatment and find out your rights to compensation. You may be able to pursue a settlement that could help you pay for your medical and living expenses resulting from your burn injuries.
What to Do After an Electric Vehicle Crash
Your first priority should be to seek medical attention. Even if you feel fine, always get yourself checked out by a doctor as soon as possible. Some injuries do not cause pain immediately but can have severe consequences down the line.
If you are able to do so safely, try to collect the following information at the scene of the collision:
Name and contact details of other drivers or pedestrians involved
Make, model, and license plate numbers of the vehicles involved
Details of eyewitnesses
Photographs of the scene
Call the police and cooperate with them at the scene. Then, as soon as possible, talk to an experienced New York City vehicle accident attorney; do this even before you talk to the insurance company. Your attorney will be able to advise you on your legal rights and help you avoid potential pitfalls.
Let Hill & Moin LLP Fight for Your Rights
Electric vehicles may be the future, but if you have been injured by one, we understand that you need justice right now. The vehicle accident lawyers at Hill & Moin have over 50 years of experience in successfully fighting car accident cases and winning settlements that have changed our clients’ lives.
At your free case evaluation, one or more of Hill & Moin’s lawyers will carefully review your case and explain your legal options. If we take on your case, we will look closely at the impact of your injuries and how they may affect you in the future so we can pursue fair compensation on your behalf. We want you to feel like we are the lawyers in your family, fighting for justice so you can rebuild your life.
Are you ready to learn about our Personal Injury Recovery SolutionsⓇ? Schedule a free case evaluation with a compassionate vehicle accident lawyer by calling (212) 668-6000 or filling out our online form today.
On a brisk afternoon, S.Y. was wrapping up a day spent at the park exercising with his dogs. Tired and ready to return home, he loaded them into his vehicle, and they set out. As S.Y. navigated toward their destination, he came up to an intersection controlled by a traffic signal. Traveling straight with the green light, he proceeded to enter. At that moment, a vehicle making an illegal turn through a red arrow forcefully collided with S.Y.’s car resulting in a heavy front-end impact. Although S.Y.’s air bag deployed, he was jostled from the force of the accident and felt instant pain in his knee, neck, and back. With his vehicle totaled and immobile in the center of the intersection, he exited his car to assess the damage. Dazed and still in shock, he returned to the driver’s seat of his vehicle to call the police. As he leaned over to comfort his anxious dogs, S.Y. was almost immediately and once again rocked by the force of another impact. Incredibly, his vehicle had now been hit by a second driver within seconds of his re-entry, moments after being initially struck by the first. Already in pain from the first accident, S.Y. suffered further injuries to his neck, back, and knee while also smashing his head into a window and damaging his elbow. With layers of injuries, S.Y. was rushed to the hospital. Upon understanding what had happened to him, S.Y. was determined to make things right, which was why he made the choice to put his trust into the well-established personal injury firm. Hill & Moin LLP. Reflecting on his time working with them, S.Y. praised the attorneys and staff for their steady commitment to working towards securing a resolution. Through a balance of strategy and persistence, Hill & Moin netted S.Y. a $340,000 settlement award for his traumatic event. Lucky to be alive, S.Y. is spending his days appreciating his family and his dogs, saving his settlement for the road of life’s next unexpected bump.
It was a chilly, late winter afternoon when A.R. was outside enjoying the refreshing air during her lunch break. After taking some time to relax and stretch her legs, she made her way toward the high-rise building where her office was located. As she approached the door, she did not notice that there was ice forming above the exterior door that she was about to cross beneath. As she began to pass blow the overhang near the door, she was unexpectedly struck by a large chunk of falling ice. Disoriented and confused, she continued into the building and returned to her office. Upon seeing A.R. in distress and pain, her coworkers were quick to insist on medical care. Before long, she was on her way to seek emergency medical care. Luckily for A.R., medical treatment was not the only help she was put in touch with. A trusted friend urged A.R. to reach out to the attorneys of Hill & Moin and A.R. was thankful that she did. She described the steady communication, bedside manner of support staff, and overall ease of working with Hill & Moin as an “A+”. She added that, having had experience working in the legal field herself, she couldn’t have asked for a better team to handle her case. When all was said and done, the counsel of Hill & Moin was able to pin down a staggering 1.8-million-dollar settlement for the pain and suffering A.R. had withstood. With her freshly awarded funds, A.R. has plans to save and invest in her future and those of her children as well.
Defensive driving is a valuable tool which should be utilized as often as one can. Unfortunately, even the best defensive drivers cannot prevent certain situations. Late afternoon one frigid winter morning, S.K. was peacefully driving straight along a busy city street. In the blink of an eye, he found himself desperately attempting to avoid a disastrous impending collision. The driver of the oncoming vehicle approaching his own had become distracted by loose objects that had dislodged on the dashboard, causing the vehicle to drift into S.K.’s lane and hit him head-on. Quickly transported to the hospital for extensive head injuries and fractures in his hand, S.K. was in great pain. He began to wonder if there was anything he could do and who he could reach out to for help. Referred to Hill & Moin by a close and trusted friend, it was then that he knew where to start. Looking back, S.K. raved that Attorney Eric Wittels was “phenomenal” to work with noting his professionalism, reliability, and patience as primary factors. Never left hanging, S.K. always found himself feeling reassured by the regular updates and ease of communication from staff through every step of his case. With a tenacious and carefully crafted approach, the attorneys at Hill & Moin procured a respectable settlement of $225,000. Grateful to have made it through his traumatic ordeal and newly aided with his settlement, S.K. intends to set his sights on the housing market to invest in owning a home.
After a slip-and-fall accident, it may seem like the existence of the hazardous conditions that caused your slip-and-fall incident won’t be enough to prove the at-fault party’s negligence. While the circumstances surrounding each slip and fall claim are unique, there are several steps that you can take when seeking fair compensation for what you have suffered.
The most important step you can take for your slip and fall lawsuit or premises liability claim is to document evidence. This can involve documenting where the fall occurred, the fall injuries, and more to prove the negligence of the property owner. Exactly the kind of evidence that can help your slip and fall case may be unclear until the case progresses further, so make sure to hold on to everything related to your fall case until it is resolved.
Slip-and-fall accidents are responsible for over 1 million emergency room visits annually in the United States. If you were hurt in a slip-and-fall accident, you may be entitled to compensation for your injuries. To learn more about your Personal Injury Recovery SolutionsⓇ, contact the lawyers of Hill & Moin, LLP, today at (212) 668-6000. We can help you understand the best course of action for your case.
What Evidence Can Help Your Case?
Medical records are key pieces of evidence for your slip and fall case. These records help document your injuries, proving the extent and severity of the damage caused by the negligent property owner.
Medical records include:
Doctor’s notes
Hospital bills
Test results
Medication receipts
X-rays and other imaging tests
Your appointment log with various medical professionals
In addition to medical records provided by a hospital or clinic, a daily personal log of any pain or discomfort you suffered can support your fall claim. This log can include your experiences, such as emotional distress and any limitations caused by your injuries.
An eyewitness account can also greatly help in a slip and fall case. Locating a witness to your accident who is willing to testify on your behalf can make a big difference in proving your side of the story.
Any financial repercussions from your accident, such as missed work, and relevant eyewitness statements should be carefully recorded and preserved as evidence of financial hardship.
What to Do Immediately After the Accident
You can begin gathering evidence for your slip-and-fall accident claim the moment that the incident happens. Preserving evidence, noting any witnesses present, and seeking immediate medical attention are just a few of the things you can do to try and ensure a fair settlement.
Here are a few steps you should take as soon as possible to ensure the best outcome in your case:
Document the accident scene. Take pictures of the place where the accident occurred, any warning signs, or lack thereof, and your visible injuries. If you have fallen in a public place, there may be security camera footage of your fall, which a lawyer can access to support your claim. If the incident occurs on someone else’s property, gathering evidence on the responsible parties may require legal representation.
Collect witness contact information. Depending on where your slip-and-fall incident took place, there may be people around who offer to help you or who saw what happened. Getting their names and contact information is vital so for gathering testimony to corroborate your version of events.
Report the accident. Notify whoever is in charge of the place where your accident occurred – whether the property owner, store manager, or landlord. Be sure to include all relevant details in the accident report, including the circumstances leading up to it. Be sure to acquire a copy for your records.
Seek medical attention promptly. Get medically evaluated as soon as you can after the accident, even if you don’t seem to have serious injuries. By seeking immediate medical attention, you can ensure that any injuries you have get the appropriate medical treatment and are logged in your medical record as evidence. That way, your medical expenses can be part of your personal injury claim.
Contact a personal injury lawyer. Seek help with your premises liability claim. An experienced attorney will know the ins and outs, and his or her guidance can make a big difference in your recovery.
Performing the above tasks in the aftermath of your accident can help you receive the compensation you deserve. While each case is different, there are common denominators among fall cases. Talk to a qualified lawyer to make sure your case is on the right track.
What to Keep Track of As Time Goes On
Personal injury lawsuits are not always resolved quickly. As time goes on, and you are waiting for your settlement, you need to make sure that you keep good records. Every treatment, expense, email, or phone call can make a difference in the outcome of your case.
Here are a few points to remember as time goes on:
Keep detailed records of the ongoing medical bills and medical treatments you receive. Don’t skip your follow-up appointments, and keep track of what the doctors say about your prognosis. Seeking medical attention is essential both at the beginning of your claim and as it progresses.
Consult a personal injury lawyer. Even if you don’t do this immediately, it may not be too late to consult an experienced personal injury lawyer who has experience in handling slip-and-fall accident cases. A lawyer can help you understand your legal rights and options for seeking compensation for your injuries.
Be cautious when communicating with the negligent party’s insurance company or representatives. Even personally communicating with eyewitnesses can be dangerous to your case. It is best to let your lawyer handle all communication about your case on your behalf.
Keep track of missed work or lost wages due to the accident and any pain, suffering, or emotional distress you have experienced. These non-economic damages may be included in a settlement or court award.
Document how the accident is affecting your daily life. You don’t have to accept that your “new normal” is how things simply must be – you can fight for justice.
By keeping the former points in mind as your case progresses, you give yourself the best chance of a just recovery. Your personal injury claim for your slip-and-fall accident may require a thorough investigation to establish liability based on eyewitness accounts, visual evidence, and more.
How Hill & Moin Can Help You After a Slip-and-Fall Accident
At Hill & Moin LLP, our injury lawyers are ready to help those who have experienced slip-and-fall accidents. We understand how overwhelming it can be to navigate the legal process alone.
Areas that our personal injury attorneys can help you with your slip and fall injury case include:
Collecting the documentation you need
Gathering evidence
Knowing how to preserve evidence and identify witnesses
Taking witness statements
Documenting injuries
Establishing liability,
Helping you receive fair compensation
Our personal injury legal team has extensive experience in slip and fall cases and personal injury law, so we know how to prepare your slip-and-fall accident claim effectively. When we take on your slip and fall case, we can help you seek financial compensation for medical bills, lost wages, pain and suffering, and more.
When you hire a Hill & Moin slip and fall lawyer, we will fight to ensure the best possible outcome for your personal injury law slip and fall case. Since we have your interests at heart, working with us will feel like you have a lawyer in the family. We serve slip and fall injury victims in multiple New York City areas, including Queens, Brooklyn, Bronx, and Staten Island.
Contact us today for a free consultation to learn about your Personal Injury Recovery SolutionsⓇ. Call (212) 668-6000 or fill out the contact form.
Emotions can run high after a car accident. It is easy to make mistakes during this stressful and confusing time. Some errors make little impact, but the aftermath of others can be devastating.
Avoiding costly missteps and making wise legal decisions is possible, especially with an experienced legal team on your side. At Hill & Moin, our lawyers treat our clients like family and work hard to secure the best outcome possible for every case.
The information below will help you to identify and steer clear of some of the most common mistakes that car accident victims make. Every case is different; whether it’s a rollover accident, a collision caused by a drunk driver, a failure-to-yield crash, a T-bone accident, or just a fender-bender, contacting personal injury lawyers can ensure you understand your legal options. Schedule your free consultation with us by calling (212) 668-6000 as soon as possible.
Not Calling Traffic Authorities
The accident’s severity determines whether or not state law obligates you to get the police involved. For instance, under New York law, you must wait at the accident scene until police arrive or file an accident report within 10 days if:
Someone is injured
Someone dies
The property damage exceeds $1000
You cannot contact the owner of an injured domestic animal
Therefore, calling the New York police is not legally required for minor accidents with property damage amounting to less than $1000. You could exchange names and contact information.
Yet, there are good reasons to consider contacting a police officer for your car crash.
Here are some reasons why you should contact the police:
Rules vary by state. You must check locally to learn your legal requirements after a motor vehicle crash.
When police respond to an accident, they make an accident report. This official record can be invaluable evidence for your personal injury claim.
Symptoms of car accident injuries, especially whiplash, can appear days after the accident. The following section will discuss why you should seek medical treatment as soon after an auto accident as possible.
A law officer can help you exchange information and verify the other involved driver’s license, insurance, and registration. He or she can also help you collect evidence, perhaps even noticing details you would have missed.
Drivers sometimes change their account of events. A police report can establish essential facts of your case. You may find it valuable if the other driver tries to manipulate the truth or you lose accident documents. Remember, though, that anything you say can also be recorded and used against you in court.
Call the police if you suspect the other driver was at least partially responsible for the accident or committed a traffic violation, or if you’ve been involved in an accident with a driver from another state. If you are unsure, you can contact our law firm at any time of day or night.
Failing to Seek Medical Attention
You should call for emergency medical care if anyone is seriously injured in a car accident. However, is getting immediate medical attention necessary if you seem fine? Yes, getting checked by a doctor is crucial, even if you do not think you are injured.
Some injuries like those discussed below may not show immediate symptoms:
Back injuries
Soft tissue injuries
Internal bleeding
Concussions
Whiplash
By getting a professional medical opinion, you can ensure that hidden injuries are identified and treated early on, preventing potential complications in the future. Additionally, seeking medical treatment after a car accident is essential for personal injury claims.
Doctor statements play a significant role in these claims, providing documented evidence of your injuries and their severity. These statements can be used to support your case and help you receive the compensation you deserve for medical bills, lost wages, and other damages resulting from the accident.
Assuming Fault for Car Accidents
Who is liable for the damages of a car accident? Even if the answer seems obvious, you should never assume.
Sometimes, drivers admit fault at first but change their minds later. In other cases, innocent drivers unknowingly take the blame, though the accident was not their fault. It is better to avoid admitting fault and let a professional investigate.
Identifying the at-fault driver in a car accident is a challenging and intricate task. Car accident claims must do more than point out the at-fault party. Conflicting accounts from the drivers and witnesses can further complicate the process of assigning blame.
A legal claim must also include solid evidence that proves that the other party is responsible for the damage. Determining fault requires a thorough investigation of the accident scene.
To establish and prove fault, an experienced car accident attorney will gather proof, such as:
Witness statements
Photographs and videos
Police reports
Traffic laws
Evidence of weather conditions
Assuming fault is one of the gravest mistakes that can significantly impact the outcome of your car accident claim. Identifying the at-fault driver in a car accident is complex since this requires considering multiple factors and gathering convincing evidence.
Since insurance companies know that admitting fault is a vital issue, you should steer clear of hurting your car accident case. Consider the following actions you should avoid.
Apologizing
You may wonder, what is wrong with saying you are sorry after an auto accident? After all, your apology could be referring to the unfortunate circumstance or that another party suffered injuries.
Unfortunately, innocent remarks might be misinterpreted as accepting blame, which could be used against you by a court or insurance company.
Posting about car accidents on social media
Sharing details about your car accident or injuries on social media can have grave consequences for your insurance claim and legal case. Insurance companies are known for gathering evidence found online.
An insurance company can collect insurance information from comments, photographs, and videos found online to cast doubt on the severity of injuries. It might also claim that something posted on your account constitutes admitting fault.
Prioritize your well-being. If you want to record your experience, keep a private journal of your pain and suffering. Share the contents only with your car accident attorney.
Accepting a Settlement From an Insurance Company
A quick settlement might not be a fair settlement. Insurance companies want to make money. The less they spend on an accident claim, the more money they save.
Therefore, you cannot presume that an insurance company has your best interest at heart. So get a car accident attorney to review the insurance policies of all involved drivers, negotiate with insurance companies, and determine whether a settlement offer represents fair compensation for your case.
You might regret signing away your legal rights since you cannot seek additional compensation later. A small settlement could be insufficient for your medical bills for follow-up treatment.
Get Help From a Car Accident Attorney Without Delay
Failing to gather evidence of the significant aspects of an auto accident can invalidate an insurance policy and halt the legal process. Likewise, dealing with an insurance company without proper counsel can lead to an unjust settlement offer, a delayed payout, or even a rejected claim.
Why let a common mistake negatively impact your future? We can offer you Personal Injury Recovery SolutionsⓇ to resolve issues with your car accident case – sometimes before they start. If you have serious injuries or substantial vehicle damage, don’t hesitate to get in touch with our legal team right away.
An experienced attorney can answer your questions and guide you through the complex legal system. Take advantage of our free consultation service by calling (212) 668-6000 or filling out a contact form now. Our phone lines are open all day, all night, 365 days a year. Call now.
A serious accident can change your life in the blink of an eye. You may be hurt physically, drained emotionally, and struggling financially. Under New York personal injury law, if you were hurt due to the negligent or careless acts of another person or entity, you may be able to seek compensation for all you have gone through.
Personal injury laws can be complicated. Reasonably, in the aftermath of a severe accident, you may feel confused and overwhelmed by the legal process involved in filing a personal injury claim or lawsuit. That being said, legal resources are available to help you attain the restitution you deserve.
Below, we will discuss various aspects and key elements of personal injury law and the types of claims that are typically involved. Then, we will consider the legal process for resolving such claims.
What Is Personal Injury Law?
“Personal injury” is a legal term that describes a physical or psychological injury. Personal injury law, also called tort law, establishes your rights when you are harmed by someone else.
Under this area of the law, you have the right to pursue a legal claim against the person, company, or entity responsible for your injury. Personal injury laws govern what constitutes grounds for legal action and who can be held responsible for your losses; it also dictates what must be proven to win your personal injury case and what damages you may be entitled to if your claim is successful.
Personal injury claims and civil lawsuits can stem from a wide variety of scenarios and incidents. While the circumstances in each case may be different, certain steps must be taken to resolve any personal injury claim in your favor.
Common Causes of Personal Injury Claims
Personal injury claims frequently arise from accidents that result in bodily harm. A severe injury can negatively impact your life for the foreseeable future.
Accidents that oftentimes result in personal injury claims or lawsuits based on bodily injury include:
Accidents resulting in physical or psychological trauma can be devastating. This is no time to go it alone. It is wise to consult a well-practiced personal injury lawyer as soon as possible after the incident. The right attorney can help you get your life back on track after an injury accident.
The Importance of Proving Negligence in a Personal Injury Case
Proving negligence is an essential element of the legal process in nearly all personal injury cases. The basis for liability under negligence stems from an individual’s failure to act with the same level of care that a reasonable person would have exercised under the same circumstances.
You may bring a personal injury claim if you believe that another party failed to exercise a reasonable degree of care, thus causing an accident that resulted in your harm.
Establishing negligence in a typical personal injury case generally involves proving these 4 elements:
The defendant owed the injured victim a duty of care: You must be able to show that the other party had a legal obligation to take reasonable care to prevent harm to others.
The defendant breached this duty of care: By a negligent or reckless act, the defendant failed to uphold his or her legal duty.
The defendant’s breach of care caused the other party’s injuries: The victim would not have been hurt if it had not been for the defendant’s actions or failure to act.
The victim’s injuries resulted in actual damages: The injured party sustained considerable losses as a result of the accident. Damages can include physical injuries, medical expenses, lost wages, and pain and suffering.
Proving fault and negligence after a serious accident is not always a straightforward process. In some injury cases, the fault may be attributed to multiple people or parties. Nevertheless, identifying the at-fault party is one of the foremost steps in a personal injury claim.
If you have sustained a severe injury, it is in your best interest to consult an experienced personal injury lawyer. He or she can analyze the circumstances of your accident and help you identify who was responsible. Your attorney can then advise you on the best course of action to pursue fair compensation for your injuries.
The Legal Process of a Personal Injury Claim
The process of litigating personal injury cases involves multiple phases. Each of these steps is important in obtaining fair compensation for a personal injury claim. Most of these steps are best taken with the assistance of a knowledgeable personal injury attorney.
Seek prompt medical attention
The actions you take immediately after your injury accident can significantly impact the strength of your claim. Once you have been hurt, it is critical to have a medical evaluation done as soon as possible. Addressing your injuries right away can help to ensure a better long-term prognosis, as well as document the gravity of what happened.
Medical treatment and expenses account for a significant part of the compensation amount commonly awarded in personal injury cases. It is important to have detailed medical records documenting the severity of your injuries from the outset.
Furthermore, if you fail to see a medical provider for some time after the accident, filing an injury claim with the at-fault party’s insurance company may become more difficult. The insurance adjuster could allege that your injuries are not that serious or even made up.
Speak with a personal injury attorney
Any time someone else might be legally responsible for your accident, discussing your situation with an experienced personal injury attorney as soon as possible after the incident is a good idea. Taking this step may require some effort on your part. However, retaining capable legal representation can give you the confidence to pursue your legal remedies for restitution.
Your lawyer will be able to examine the evidence and evaluate the strength of your claim. He or she can help you navigate the legal system and advise you on the best steps to take to attain maximum monetary compensation for your pain and suffering.
Begin an investigation into the incident
Once you retain a lawyer, he or she will begin an independent investigation into the injury accident on your behalf. In this way, the facts of your case can be firmly established. This lays a strong foundation for a successful personal injury suit moving forward.
Your lawyer’s legal team will likely examine any physical evidence from the scene of the accident, as well as review police or accident reports and your medical records. They will also interview any eyewitnesses to the incident who may be able to testify to how the accident occurred.
At times, an experienced attorney will hire an investigator or consult expert witnesses as part of the investigation process. Such professionals can help secure valuable evidence and address complex issues in order to strengthen your injury claim.
Send a demand letter to all liable parties
Once your lawyer has determined the facts of your case, he or she will send a demand letter to the other side’s attorney or insurance company. This notifies the other party that you intend to hold them accountable for your personal injuries and how much compensation you are seeking.
Once the initial demand has been made, the defendant’s lawyer or insurance company will generally respond with their own counteroffer. At this stage of the legal process, extensive back-and-forth negotiations may occur between the parties involved before the injury claim is resolved.
It is not uncommon for the insurance company to pressure you into accepting a lowball offer that will not meet your long-term financial needs. If an amicable and fair settlement agreement can not be reached, the injury case will move into the litigation phase.
File a personal injury lawsuit
The litigation process begins when you and your personal injury lawyer file a civil lawsuit in court. The other party will be notified that you are taking legal action against them.
Under New York law, you have a limited amount of time in which you can pursue legal action in a personal injury case. The statute of limitations may differ depending on the exact circumstances of your accident. Your injury lawyer can ensure no important deadlines are missed as you move forward with your claim.
Complete the discovery phase
The discovery phase of a personal injury lawsuit is when each party investigates what the other side’s legal claims and defenses are. During this time, each party may be asked to respond to questions while under oath.
During the pre-trial period, the defendant and plaintiff will request to see paperwork, accident reports, medical records, and other evidence, such as pictures and physical objects related to the case.
Additionally, the discovery phase is when your attorney will investigate any disputed facts in your claim. He or she can also file pre-trial motions during this phase of the legal process. For example, your lawyer may petition to throw out evidence that is irrelevant to your case.
Settlement negotiations and mediation
In an attempt to avoid an expensive, stressful, and potentially lengthy court trial, the majority of personal injury lawsuits are settled outside of court. Lawyers will often use the mediation process to negotiate an acceptable and fair settlement agreement.
In mediation, the parties involved in the dispute sit down with a neutral third person who is trained to help people come to a mutually satisfactory solution to their conflict. Through such proceedings, the plaintiff and the defendant retain more control of the outcome of the case, rather than leaving it in the hands of a judge or jury.
Take the personal injury case to trial
At times, negotiation and mediation attempts are unsuccessful and the parties involved can not reach a reasonable settlement agreement. In this event, your injury attorney will use the data and evidence collected throughout the legal process to argue your case at trial.
Reach Out to Empathetic New York Personal Injury Attorneys for Assistance
A serious injury can leave you with chronic pain, lost income, and mounting medical bills. What if you are now suffering because of another person’s negligence or reckless act? You have the right to sue for proper compensation under New York’s personal injury laws.
Understandably, in the wake of a terrible accident, the idea of filing an insurance claim or personal injury lawsuit may seem an impossible feat. Please rest assured that you do not need to go through this difficult period alone.
The team of personal injury attorneys at the New York law firm of Hill & Moin have dedicated their careers to helping people like you. When we take your case, we will be by your side throughout every phase of the legal process. Our respectful and compassionate personal injury lawyers do all in their power to help each client regain his or her quality of life after an accident.
Learn about your Personal Injury Recovery SolutionsⓇ and how you can secure your future. Call Hill & Moin today at (212) 668-6000 or complete our online form for a free case evaluation. Every injured person deserves a voice, and we want to hear your story.
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