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.
A serious injury can upend your life in a matter of moments and may negatively impact your quality of life for the foreseeable future. Such accidents often result in significant physical pain, emotional trauma, and financial hardships. If you have sustained injuries due to the negligent or careless acts of another person, organization, or company, you may be able to pursue compensation for your losses.
New York City has implemented a number of personal injury laws that govern a variety of claims. Such laws are designed to hold people accountable when their actions cause harm to others.
Below, we will discuss several New York City personal injury statutes as well as the unique challenges these laws may bring to your injury case. Additionally, we will consider how experienced personal injury lawyers can help you navigate these challenges.
Proving Negligence in New York City Personal Injury Cases
In personal injury law, negligence is a key concept. A negligent person fails to act with the same level of care that a reasonable person would have exercised under the same circumstances. His or her failure to act carefully thereby caused an accident that caused someone else to get hurt.
You must be able to establish fault and negligence. Otherwise, you can not successfully hold the other party responsible for a personal injury claim.
Negligence in a New York personal injury case typically involves these 4 elements:
The defendant owed the injured victim a duty of care: Everyone has a legal obligation or duty to act with reasonable care so as not to injure others.
The defendant breached this duty of care: By a negligent or reckless act, the defendant failed to uphold his or her legal duty.
The defendant’s breach of care resulted in the other party’s injuries: If it were not for the defendant’s actions or failure to act, the victim would not have been hurt.
The victim’s injuries resulted in actual damages: The injured party sustained substantial losses as a result of the accident.
Proving fault and negligence after a serious accident can be complicated. In some New York personal injury cases, the fault may be attributed to multiple people or parties.
A knowledgeable personal injury lawyer can analyze the circumstances of your accident and help you identify the at-fault party. He or she can then advise you on the best course of action to pursue maximum compensation for your injuries.
New York’s Comparative Fault Laws in Personal Injury Cases
At times, there are multiple contributing factors to a severe accident. It may be that you played a part in what occurred. If this is your situation, under New York’s comparative fault laws, you are not barred from recovering damages for your claim.
New York is a pure comparative fault state. This means that you can pursue a personal injury lawsuit or claim even if you were chiefly responsible for causing the accident. The amount of restitution to which you can claim is reduced by your degree of fault.
The state’s negligence laws may be to your benefit after sustaining severe injuries. However, it is not unusual for an insurance company or defense attorney to use comparative fault laws to reduce their client’s liability for a claim.
Your degree of fault can greatly reduce the amount of money you receive in a personal injury case. It is important to work with a lawyer who has your best interests at heart. With your specific case in mind, he or she can work to negotiate a fair settlement agreement for all you have suffered.
New York’s Serious Injury Threshold in Car Accident Claims
A significant number of personal injury claims stem from serious car accidents. New York’s no-fault insurance laws affect such claims. These laws dictate when you can sue another driver for damages caused by an automobile accident.
Under Personal Injury Protection (PIP) coverage, car accident victims can file injury claims with their own insurer. This no-fault insurance coverage is designed to pay for medical costs, lost wages, and other damages. It could also cover household help and transportation for medical treatment.
However, in cases of serious injury, a car accident victim may be allowed to sue the at-fault driver for further damages. To do so, the plaintiff must prove that his or her injuries meet or exceed the serious injury threshold set out by New York state law.
According to New York statute, a serious injury includes:
Dismemberment
Significant disfigurement
Fracture
Loss of a fetus
Permanent loss of use of a limb, body function, organ, or system
Permanent and significant limitation of a limb, body function, organ, or system
Non-permanent conditions that prevent you from performing your daily activities for a significant amount of time following your car crash
Such serious injuries can result in permanent disability, lost income, and the need for prolonged medical care. New York’s car insurance laws can be confusing. It is beneficial to consult an experienced personal injury attorney when you have suffered significant losses. He or she can give you vital assistance with your claim to rebuild your life.
Personal Injury Claims Against New York Government Entities
With New York City’s crowded streets, constant construction, and numerous public institutions, personal injury claims involving government entities are not uncommon. That being said, many cases involving government agencies are complicated and difficult to win.
Personal injury lawsuits against New York City may include:
Injuries sustained on a city bus or while riding the subway
Children injured at public school, on the school bus, or at a public park
Traffic accidents caused by government vehicles
Government-owned nursing home injuries
New York City has a lot of resources with which to fight your personal injury claim. Further, the legal processes for pursuing an injury claim against a government agency differ from other personal injury cases.
There are significant limitations on the amount of time you have to file a claim against a government entity. Various factors are involved. If you miss even a single step, you may forfeit your ability to pursue your legitimate injury claim. It is wise to seek legal advice as soon as possible if you intend to file such a claim.
New York Statute of Limitations in a Personal Injury Case
The State of New York sets a time limit for filing a personal injury claim or lawsuit. The statute of limitations helps to prevent lengthy litigation and ensures that the parties involved settle legal matters promptly. This limited time frame during which to take legal action also helps ensure the preservation of crucial evidence in the case.
If you wish to pursue legal action and seek just compensation after sustaining a personal injury, it is essential that you do so before the statute of limitations expires. Once the deadline has passed, you no longer have legal recourse to gain restitution for your pain and suffering.
The statute of limitations may differ depending on the exact circumstances of your accident. For example, medical malpractice and wrongful death cases may have a different time period for filing a claim than a car accident.
A well-practiced personal injury lawyer can shed light on how the statute of limitations applies to your case. He or she can ensure no critical deadlines are missed as you move forward with your claim.
Ways in Which a New York Personal Injury Lawyer Can Assist You
Litigating New York personal injury cases is often challenging. Nonetheless, when you hire a personal injury lawyer after an accident, he or she will take multiple steps to get you the fair compensation you deserve.
For example, your injury lawyer can:
Conduct a thorough investigation of what occurred: Your lawyer can gather evidence to determine the circumstances that led up to the incident and exactly how you were injured.
Identify all liable parties: There may be multiple parties involved in the accident. Your lawyer can ensure that each person is held accountable for his or her negligence.
Commission expert witnesses: The testimony of expert witnesses may be very beneficial in successfully resolving your personal injury case. Your attorney may retain respected medical professionals, investigators, accident reconstructionists, and others to aid your injury claim.
Document the extent of your injuries: Your lawyer can work with you and your doctors to document the full range of your injuries. He or she can then calculate the long-term impact these may have on your life. This information will aid in assigning a fair monetary value to your personal injury claim.
These are just a few of the steps your injury lawyer can take to establish the facts of your case. From there, he or she will have a solid foundation on which to build your personal injury claim.
Contact New York City Personal Injury Attorneys for Advice
A serious injury can leave you hurting physically, shaken emotionally, and broken financially. If you were hurt, wholly or in part, because of another person or entity’s negligent or careless act, you may have legal recourse under New York law.
The current legal landscape in New York City can be stressful and confusing. You need a legal advocate to guide you through the injury claim process.
The team of personal injury attorneys at the law firm of Hill & Moin stands ready to help you at this difficult time. When we take your case, we can do the legal legwork so that you can focus on your recovery.
Known for their respect and compassion for each and every client, our personal injury lawyers are adept at holding negligent parties accountable for their actions. We endeavor to maximize all potential compensation in a personal injury claim, even if you bear some responsibility for what happened.
The Hill & Moin legal team, well-versed in New York state law, is ready to answer your questions about the unique challenges of your personal injury case. We wish to give you the confidence to pursue your legal remedies for compensation.
Learn about your Personal Injury Recovery SolutionsⓇ and how you can secure your future. Call us at (212) 618-6000 or complete our online form for a free case evaluation. We want to hear your story.
H.M. was working as a food cart vendor preparing meals for hungry customers on the sidewalk. While he was working inside the food cart, a truck attempted to park behind him. The truck began reversing into the parking spot and forcefully struck H.M.’s food cart. This impact resulted in H.M. falling and sustaining injuries to his left shoulder, right knee, and neck that required immediate hospitalization and eventual surgeries.
H.M. reached out to a colleague who recommended that he contact Hill & Moin. During the free consultation, the attorney addressed his questions and concerns and laid out their plan of action. The lawyers litigated fiercely and H.M.’s case settled for $775,000.
When H.M. was informed of the settlement, he was surprised and very pleased. H.M. described his experience with Hill & Moin as excellent and stated that the communication throughout the case was great. H.M. was very satisfied with Hill & Moin’s representation in his case and stated that he would highly recommend their office to his family and friends should they need legal representation.
Navigating the bustling New York City subway system can be thrilling or convenient, but it also comes with its fair share of risks. Slip-and-fall accidents are not uncommon in these busy underground stations, where crowds hustle and platforms can get slippery.
From wet floors to uneven surfaces and debris left unattended, numerous factors can contribute to slip-and-fall incidents in the subway.
Public transportation is meant to provide convenience and efficiency, but safety should never be compromised. When negligence contributes to accidents on subways or buses, victims have rights that deserve protection.
Were you hurt in a slip-and-fall accident? You may be entitled to compensation for your injuries. To learn more about your Personal Injury Recovery SolutionsⓇ, contact the lawyers of Hill & Moin, LLP, today at (212) 668-6000. We can help you understand the best course of action for your needs.
The Responsibilities of the MTA and Other Public Transportation Systems to Maintain Safety
New York City is a bustling metropolis with millions of people relying on its extensive subway and public transportation system every day. While these modes of transport are essential for getting around the city, they also come with their own set of risks, including slip-and-fall accidents.
Whether you are rushing to catch a train or navigating crowded platforms, the potential for accidents is ever-present. In subway stations, overcrowding during rush hours can lead to pushing and shoving, which may result in someone losing his or her balance. Additionally, inclement weather conditions like rain or snow can make platforms slippery.
Inside trains or buses, sudden stops or starts without warning can cause passengers to lose their footing. Lack of handrails or grab bars for support can contribute to falls, particularly for elderly individuals or those with mobility issues. Sudden stops, starts, or sharp turns by bus drivers can throw off balance and result in falls.
Neglected maintenance, such as loose tiles, debris accumulation, or icy patches during winter months, are additional factors that heighten the danger of slip-and-fall incidents within public transportation premises.
Public transportation systems like the Metropolitan Transit Authority (MTA) in NYC have a crucial responsibility to ensure the safety of their passengers. It is essential for these entities to maintain clean, well-lit platforms and walkways to prevent slip-and-fall accidents. Regular inspections should be conducted to identify and promptly address any hazardous conditions.
Proper signage warning about wet floors or uneven surfaces can help mitigate potential risks. Adequate training for staff members on how to respond to accidents is also vital in providing quick assistance when incidents occur. Additionally, ensuring that escalators and elevators are properly maintained is key to preventing accidents related to mechanical failures.
Sadly, these vital safety measures are sometimes neglected. When that happens, and a person is injured, the responsible parties must be held accountable.
Steps to Take Following a Slip-and-Fall Accident
If you have experienced a slip-and-fall accident in NYC subways or public transportation, take the following steps as soon as possible:
Document the accident scene by taking photos of any hazardous conditions that led to your fall. Obtain contact information from any witnesses who saw what happened, but avoid discussing the accident and liability or accepting blame with anyone at the scene.
Keep detailed records of all medical treatments received and expenses incurred due to the accident. Attend all follow-up appointments with your medical providers and follow their treatment plans.
Consult an experienced personal injury lawyer who has experience in handling slip-and-fall accident cases. He or she can help you understand your rights and options for seeking compensation for your injuries.
Be cautious when communicating with insurance companies or representatives from public transportation agencies. The defense may try to minimize your claim or offer a low settlement. It is best to let your lawyer handle all communication on your behalf.
Keep track of any missed work or lost wages due to the accident, as well as any pain and suffering you have experienced. These damages may be included in a settlement or court award.
Be honest and thorough when providing details about the incident and its impact on your life. Remember that seeking compensation for your injuries is your right – don’t hesitate to take action to protect yourself.
If a settlement cannot be reached, your lawyer may advise taking the case to trial. Make sure to attend all court proceedings and cooperate with your legal team throughout the process.
Seek Medical Attention After a New York Subway Accident
The adrenaline rush can mask pain, leading to delayed symptoms. Getting checked by a healthcare professional ensures that all injuries are properly diagnosed and treated promptly.
Prompt medical care ensures that your injuries are documented in case of any potential legal claims down the road. Ignoring minor injuries can escalate into bigger health issues if left untreated. Your well-being is paramount after an accident, so prioritize your health by seeking medical attention without delay.
Remember, your safety and health come first – don’t underestimate the importance of getting medical help post-accident. It is a proactive step towards recovery and potential compensation for damages incurred due to someone else’s negligence.
Metropolitan Transit Authority Work-Related Personal Injury Claims
Have you ever considered the risks that Metropolitan Transit Authority (MTA) workers face every day while keeping NYC subways and public transportation running smoothly?
The nature of the job requires constant vigilance amidst potentially hazardous conditions. Whether navigating crowded stations or dealing with malfunctioning equipment, MTA employees must always prioritize safety.
However, despite the MTA’s best efforts, accidents can still occur due to various factors beyond their control. From slip-and-fall accidents on subway platforms to slipping and falling while maintaining train tracks, these incidents can have a significant impact on the workers’ lives. A work-related injury for an MTA employee can be physically and emotionally challenging.
In such cases, seeking compensation for a Metropolitan Transit Authority work-related injury becomes essential for affected employees. The process for compensation, however, is not always straightforward.
Workers’ compensation vs. the Federal Employers’ Liability Act (FELA)
Workers’ compensation is a safety net designed to cover employees injured during the course of their employment. However, for railroad workers, the landscape differs. While MTA/New York City Transit Authority employees fall under the umbrella of state workers’ compensation, those working for the Long Island Railroad, Metro North, and Amtrak are governed by a separate policy: the Federal Employers’ Liability Act of 1907 (FELA).
Under FELA, injured railroad workers are entitled to compensation but with a distinct set of guidelines. Unlike workers’ compensation, where the onus is generally on the employer to provide coverage for injuries sustained on the job, FELA requires the injured worker to demonstrate that his or her employer was at least partially negligent to qualify for compensation.
For railroad workers seeking compensation under FELA, the burden of proof lies in establishing employer negligence. This can present a challenge since it requires thorough investigation and documentation.
Navigating the complexities of FELA requires skilled advocacy. Injured railroad workers should seek guidance from legal professionals experienced in railroad injury cases.
Seeking Compensation for Injuries and Damages
If you’ve been injured in a slip-and-fall accident on the NYC subway or public transportation, you may need compensation to cover any other expenses incurred due to the incident.
To seek compensation, consider filing a personal injury claim against the Metropolitan Transit Authority (MTA) or other responsible entities. You must clearly prove negligence on their part and the dangerous conditions causing your injuries.
A skilled attorney will assess your situation, gather evidence, handle negotiations with insurance companies, and represent you in court if necessary. Please note the specific ways a personal injury lawyer can help with your case.
Investigating the accident
Your lawyer will thoroughly investigate the circumstances surrounding your accident. He or she can obtain:
Surveillance footage
Interview witnesses
Review any relevant documents or reports, and;
And more
Proving negligence
To receive compensation for your injuries, you must prove that the transportation system was negligent. Your lawyer will gather evidence to support this claim and work to establish liability on the part of the responsible party.
Calculating damages
Personal injury lawyers have experience in calculating damages for their clients. They will take into account:
Medical expenses
Lost wages
Personal property damaged in your fall
Other factors to ensure you receive fair compensation for your injuries
Negotiating with insurance companies
Insurance companies are notorious for trying to minimize payouts to injured individuals. Your lawyer will handle all communication with insurance companies on your behalf and negotiate for a fair settlement.
Representing you in court
If negotiations fail or a fair settlement cannot be reached, your lawyer will represent you in court. He or she can present your case and argue for maximum compensation on your behalf.
How a Hill & Moin Personal Injury Lawyer Can Protect Your Rights
The dedicated attorneys at Hill & Moin understand the complexities of navigating the legal system after an accident. We work diligently to help our clients recover compensation for medical expenses, lost wages, pain and suffering, and other losses incurred due to someone else’s negligence.
If you have been injured in a subway or public transportation accident in New York City, contacting Hill & Moin, LLP, for a free consultation can be your first step towards recovering the compensation you deserve.
Why not schedule a free consultation to learn more about your Personal Injury Recovery SolutionsⓇ? Call us at (212) 668-6000 or complete the online form.
In New York City, hit-and-run accidents occur frequently, with thousands of cases reported each year. Hit-and-run accidents are not just frightening and dangerous; they can also leave victims and their families feeling lost and unsure of what to do next.
If you are the victim of a hit-and-run driver, you may wonder about your legal options for seeking justice and compensation. At Hill & Moin, our experienced hit-and-run accident lawyers are dedicated to fighting for justice on behalf of our clients.
With over 40 years of experience, our team understands the complexities of hit-and-run cases and the need for justice many victims feel. That is why we provide personalized attention and strategic representation to help victims and their families seek the compensation they deserve. Are you ready to learn about your Personal Injury Recovery SolutionsⓇ? Call Hill & Moin today to schedule a free consultation.
What Is an NYC Hit-and-Run Accident?
A hit-and-run accident occurs when a driver involved in a crash flees the scene without providing his or her contact information, such as phone numbers, waiting for the police if someone is killed, or assisting an injured person. Sadly, in New York, hit-and-run accidents are unfortunately not uncommon.
Despite the prevalence of such incidents, make no mistake: fleeing the scene of an accident is a crime with serious legal consequences. Whether it is a pedestrian being struck on the street or a car collision where the at-fault driver decides to flee, these heartless acts often leave individuals critically injured without any accountability from the perpetrators.
Victims of hit-and-run accidents may face physical injuries, emotional distress, and financial burdens as they try to recover from the incident. In some instances, hit-and-run accidents may claim the life of an innocent victim and leave the surviving family feeling helpless.
Hope for NYC Hit-and-Run Victims and Their Families
Victims of hit-and-run accidents in New York City face significant challenges, from seeking compensation to navigating the legal system. However, there is hope for injured individuals and their families.
Let us discuss the following legal options for injured ones and their families:
Filing an insurance claim
Pursuing a lawsuit
Utilizing the NYC crime victim compensation programs
Why Some Choose to Pursue a Personal Injury Lawsuit
In a lawsuit, you can pursue damages for various losses, including medical expenses and lost wages. Compensation for such damages can provide victims with a more comprehensive recovery.
Some victims and their families may choose not to pursue a lawsuit for the following reasons:
Longer process: Lawsuits can be prolonged and complex, often taking months or even years to resolve. The legal process involves various stages, including discovery, motion practice, and potentially a trial. The lengthy process can add stress and uncertainty to an already challenging situation.
Higher costs: Pursuing a lawsuit can incur significant expenses, including court fees, expert witness fees, and attorney’s fees. While many personal injury lawyers work on a contingency fee basis, you may still be responsible for certain costs throughout the legal proceedings.
No guaranteed results: Despite the strongest evidence and legal arguments, litigation always has a degree of uncertainty. There is no guarantee of winning a lawsuit or receiving the amount you feel you deserve. If the court rules against you, you may not be compensated for your injuries and damages.
The Pros and Cons of Filing an Insurance Claim
There are several benefits to filing an insurance claim, including:
Faster resolution: One advantage of filing an insurance claim is potentially quicker resolution. Insurance companies typically aim to settle claims efficiently to avoid prolonged legal proceedings, which means you may receive compensation for your injuries and damages more promptly.
Less stressful: Dealing with insurance companies can often be less stressful than navigating the complexities of the legal system. Insurance claims typically involve straightforward procedures, such as filing paperwork and providing documentation of your injuries and expenses, without the need for formal litigation.
No upfront legal fees: When filing an insurance claim, you generally won’t need to worry about paying legal fees upfront. Most personal injury lawyers work on a contingency fee basis, meaning they only get paid if you win your case.
Still, there are reasons why some choose not to pursue this route for compensation. Insurance policies often have coverage limits, meaning there may be a cap on the amount of compensation you can receive. If your damages exceed these limits, you may not recover the full extent of your losses through an insurance claim alone.
Additionally, insurance companies may dispute your claim or offer a lower settlement than you believe you deserve. This could lead to negotiations or even arbitration to reach a fair resolution, prolonging the process and potentially delaying your compensation.
Crime Victim Compensation Programs in NYC – A Lifeline for Hit-and-Run Victims
Hit-and-run incidents are a crime under New York law; for residents of New York City, the Office of Victim Services Victim Compensation program offers a vital lifeline for those affected by hit-and-run incidents. Here’s what you need to know about it.
Payer of last resort
The program operates as the “payer of last resort.” It means that the NYC Office of Victim Services provides compensation only after all other available resources, such as insurance coverage, have been exhausted.
Application process
The application process typically involves providing detailed information about the incident and any documentation relevant to the case. Additionally, applicants may be required to cooperate with law enforcement and attend court proceedings related to the crime.
Every case is unique, and determining the right option for your family is not always easy. It is wise to consult a personal injury lawyer for help deciding the best option for you.
Financial Recovery for Hit-and-Run Crash Victims
Whether you choose to file a lawsuit or pursue an insurance claim, there are various types of compensation available to help you recover from the physical and financial impact of the incident.
Compensation may include coverage for losses such as:
Vehicle repairs
Medical expenses if you were hospitalized or bills for medication, and any other healthcare services
Lost income due to time taken off work during the healing process
In cases where victims experience long-term or permanent disabilities as a result of the car accident, you may also seek compensation for future loss of earning capacity or ongoing medical care needs.
To help you seek compensation, a lawyer can:
Conduct a thorough investigation to determine how the crash happened
Gather evidence and identify the at-fault driver
Determine whether the driver was intoxicated or some other factor contributed to the accident
Navigate complex insurance laws and policies
Negotiate with insurance companies on behalf of the victim to secure fair compensation
Represent the victim in court to pursue a lawsuit for additional damages
Handle all communication and paperwork with insurance companies and legal entities
Hurt by a Hit-and-Run Driver? Let Us Help You Seek Justice
Have you or a loved one been involved in a hit-and-run accident in New York City? From filing a claim to potentially pursuing a lawsuit, the steps you take after such a traumatic event can greatly impact your ability to recover damages.
Whatever route you choose to pursue justice, working with experienced personal injury lawyers can greatly strengthen your case. Lawyers have the knowledge, legal network, and resources to build a compelling argument on your behalf thoroughly.
Seeking help from experienced attorneys like Hill & Moin, LLP, can make all the difference. When you hire us to advocate for you, we can guide you through the complex legal process and work toward securing the compensation you deserve.
Remember that you do not have to navigate this challenging situation alone. By reaching out to professionals who understand the nuances of hit-and-run cases, you can focus on healing while they handle the legal aspects on your behalf. To schedule a free consultation and discuss your Personal Injury Recovery SolutionsⓇ, call us at (212) 668-6000.
Working at a hair salon can often be exciting and dramatic but for receptionist Frank D’Amico, one unfortunate day will forever stand out. He arrived at work and spent several hours completing his tasks and assisting customers. Crossing the salon floor to assist a coworker, Frank paused to lean on a glass showcase. Suddenly, an out-of-control vehicle exploded through the front wall of the salon, completely obliterating the spot Frank D’Amico had stood in just moments before. Sending debris and Frank himself flying, he landed among layers of broken glass and the rubble of the destroyed storefront. Terrified, confused, and in pain Frank D’Amico knew he was lucky to be alive. After receiving life-saving treatment for the injuries he sustained, he recognized the importance of reaching out to a well-decorated personal injury firm with experienced attorneys who could provide him with the relief he sought. When recounting his experience putting his trust in Hill & Moin, he appreciated the cordial and helpful demeanor shown by staff throughout his case. Through application of knowledge and determination, the attorneys at Hill & Moin were able to negotiate Frank D’Amico colossal settlement of $750,000. With the fresh start he found in his monetary reward, Frank D’Amico plans to invest in himself by becoming a property owner.
As a professional hair stylist, being creative and imaginative were key elements of S.G.’s lifestyle. But even she could not have envisioned that what should have been another routine day in the sunny salon she worked in would turn into a real-life nightmare. Initially off to a calm start, S.G. spent the first several hours of her day working her way through her usual routine. She crossed the reception floor to speak to a coworker, stopping to stand next to the windows of the salon front. Unanticipatedly, a wayward vehicle violently lurched through the front wall of the building, coming alarmingly close to crushing S.G. in its wake. The impact forcefully launched her across the salon’s floor, leaving her severely injured and deeply traumatized. Once stabilized in the care of her medical treatment team, S.G. knew the next step was to reach out to an established personal injury firm. She wasted no time calling the skilled attorneys at Hill & Moin, LLP. When reflecting on her relationship with the staff, S.G. noted that everyone was consistently communicative and kind. She was grateful for the persistence of the attorneys who had successfully managed to obtain a seven-figure settlement for all that she had lived through. Striving to move past this life-changing event, S.G. has set aside a small but much-deserved leisure and self-care fund with a long-term goal of becoming a homeowner and continuing to invest in her future.
As a professional hair stylist, Mandy M. was no stranger to living a life that demanded her to be quick on her feet. Despite this, nothing could have prepared her for what she would experience when she arrived at the salon for another seemingly ordinary day. Before tragedy struck, Mandy M. was busy working on a client’s hair. Immersed in her work, she was suddenly rocked by a force resulting from the impact of a careening vehicle that had plunged into and through the front wall of the salon. Sent hurling sideways, Mandy M. landed on the floor among glass and rubble leaving her frightened, disoriented, and wounded. Once she had checked in with her coworkers out of concern and tended to her own pressing need for medical attention, Mandy M. became aware of her next move. Turning to the compassionate yet tenacious personal injury attorneys at Hill & Moin, LLP, she could finally breathe her first sigh of relief. Looking back on her ordeal Mandy M. was impressed by the quality of communication, noting the attentive nature of both attorneys and support staff alike. She was appreciative of the clarity, feeling included and well-represented from start to finish. With a firm resolve to bring Mandy M. the relief she sought, the masterful and well-versed attorneys at Hill & Moin, LLP secured her a six-figure award. Now armed with a newfound financial security, Mandy M. hopes to work with financial professionals within the beauty industry so that she may invest in her passion.
While it’s true that certain occupations may come with a higher level of risk, that’s no excuse for job-site conditions which result in workplace injuries. P.S. discovered this first-hand during one particularly disastrous shift while working as a carpenter. Arriving at the job-site bright and early P.S. reported several floors above the ground to begin working, donning all the necessary protective safety gear. While operating an electric saw to cut wood, P.S. lost his footing when he stepped on a stray piece of debris on the floor. The disruption caused the saw’s blade to change direction, concurrently severing a portion of his index finger. Much to his horror, P.S.’s situation only worsened from there. As he was in the process of descending a ladder to return to the ground floor, the structure wobbled and jolted him off sending an already-seriously hurt P.S. tumbling to the ground. P.S. was immediately seen by medical care providers and while grateful for his life, he felt that he deserved justice. When he reached out to discuss his case with Hill & Moin, LLP, they agreed. With tireless grit, the attorneys managed to secure a settlement of $2,000,000 for all that P.S. had suffered. Upon being asked about his experience working with Hill & Moin, he found that their frank communication style and candor reassured him. He noted that the staff is quick to follow up with questions and concerns, making him feel included and informed. Now enjoying a chance to reset, P.S.’s only plans are to spend as much time as possible with his young grandchildren and build a nest egg to cover all of life’s future unexpected predicaments.
Losing a loved one is an incredibly painful experience. It can feel even more devastating when a precious life is lost due to someone else’s negligence or wrongful actions. How can surviving family members seek compensation for their losses?
Families may be able to pursue justice for their loved ones by means of a wrongful death lawsuit. Wrongful death lawsuits are civil claims filed by the immediate family members or beneficiaries of a victim. These lawsuits are filed against the party responsible for their loved one’s untimely death. The aim is to hold the negligent party accountable while providing a sense of closure and financial support to those left behind.
How can surviving loved ones pursue a successful wrongful death claim? An untimely death can arise from various circumstances, such as car accidents or medical malpractice. In these complex legal battles where emotions run high, expert witnesses play a crucial role. How so?
Understanding Wrongful Death Lawsuits
To pursue a successful lawsuit for the wrongful death of a loved one, four basic elements must be established:
It must be proven that the defendant owed a duty of care to the deceased person. A “duty of care” refers to the legal obligation one party has to exercise reasonable care and attention to prevent causing harm or injury to another party. For example, medical professionals have a duty of care owed to their patients when providing treatment.
It must be shown that this duty was breached through negligence or intentional wrongdoing. There needs to be proof that the party in question failed to live up to their duty of care.
The victim’s death was caused by the defendant’s breach of care. A clear link between the defendant’s actions and the victim’s death must be established.
The wrongful death resulted in actual damages. It must be shown that the surviving family members suffered financial losses as a direct result of the victim’s death.
In wrongful cases, the four elements listed here piece together the full picture: that someone’s actions directly caused the victim’s death. This can be a complex task, requiring in-depth knowledge and unbiased analysis – but that’s where expert witnesses can be especially useful. How so?
How Expert Witnesses Help Wrongful Death Cases
Expert witnesses bring credibility and authority to the table, along with their professional opinions, thanks to years of experience in their respective fields. These professionals can help establish liability and secure fair compensation for a victim’s family.
To be selected as an expert witness, an individual must have specialized knowledge or expertise in a particular field that is relevant to an aspect of the wrongful death case. This testimony can help clarify complex concepts in layman’s terms so that judges and juries can understand them better.
Expert testimony can help lawyers:
Establish liability
Secure fair compensation
Explain complex issues related to fault determination
Advocate for maximum restitution possible under personal injury law
Types of Expert Witnesses Used in Wrongful Death Cases
Different types of expert witnesses can be used depending on the circumstances surrounding the case.
Each type of expert witness brings unique skills and knowledge to a wrongful death case. From forensic pathologists shedding light on cause-of-death issues to vocational experts assessing potential future earnings, expert testimony can prove valuable.
The following are common categories of expert witnesses.
Medical experts
Medical professionals can provide insight into the cause of death and the quality of medical treatment received by the victim. Such experts can also shed light on any potential negligence or malpractice that may have occurred.
Forensic pathologists play an important role. Their objective analysis helps explain complex concepts related to the victim’s cause of death.
By means of the following, these experts weigh in on how negligence or malpractice led to death:
Autopsies
Testing
Medical documentation, and;
More
Medical and forensic testimony can be the key to establishing liability and seeking justice for a victim’s family.
Financial experts
Financial experts also play an important role in wrongful death lawsuits. They can assess economic damages such as:
Lost income
Potential future earnings
Medical costs resulting from the fatal accident
By calculating these financial losses, experts help a victim’s loved ones seek fair financial support.
Vocational experts
Vocational experts are often called upon to assess how a person’s earning capacity would have been affected if death had not occurred.
When estimating potential future earnings for the deceased, experts will consider:
Education level
Work experience
Skills
Market trends
Job opportunities available
Accident reconstruction specialists
Accident reconstruction specialists are commonly involved in wrongful death cases. They analyze evidence from the scene of the accident to establish causation and determine who was at fault.
Through their expertise in reconstructing accidents, these witnesses shed light on the details of a fatal accident. This insight can make all the difference when it comes to securing fair compensation for grieving families.
The Process of Selecting and Utilizing an Expert Witness
Experienced personal injury lawyers know how to select and carefully use experts in a wrongful death case. Established law firms often have a network of experts in various fields.
How do lawyers go about choosing the right professionals to testify?
Selection and vetting of expert witnesses
Once potential candidates are identified, careful evaluation must ensue. The expert’s qualifications and experience should align with the specific circumstances of your case. Your legal team will look for someone who has testified in similar cases before. The selected person should have a track record of providing credible testimony.
Evaluation of communication skills
Excellent communication skills are vital when selecting professionals to give testimony. A potential witness should be able to explain complex medical concepts clearly and concisely. This is so both judges and juries can understand the details of the case.
The selected witness will play a crucial role in the trial since expert testimony carries weight in the courtroom.
Challenges Surrounding Expert Witnesses in Wrongful Death Lawsuits
Sometimes, the following challenges arise when it comes to the use of expert witnesses in wrongful death lawsuits:
Credibility: One major challenge is determining the credibility of these witnesses. There have been instances where experts with questionable qualifications or biases testify.
Conflicting opinions: Another challenge is the subjective nature of expert testimony. Each party involved may present its own set of experts or challenge the relevance of the expert’s testimony. Because of this, conflicting opinions and interpretations may be given. This can cause confusion for judges and jurors, who must weigh the evidence presented by both sides.
Cost: Cost can be a significant hurdle when it comes to utilizing expert witnesses. These professionals often charge high fees for their services. This may make it difficult for lower-income plaintiffs to afford them and can potentially limit access to justice.
Objectivity: Some question whether expert witnesses truly provide objective analysis. Critics may question whether the experts serve as advocates for whichever side hires them. This raises concerns about impartiality and objectivity in the litigation process.
The Qualifications Needed to Serve as an Expert Witness
There are strict laws regulating who can serve as an expert, for example:
Experience and qualifications: To be considered an expert witness, a person must have the right background, education, and/or experience in the specific field related to the case.
Reliable knowledge: The information provided by the expert must come from reliable methods and principles. The court checks to make sure the expert’s knowledge is trustworthy.
Relevance to the case: The expert’s testimony should be directly related to the issues being discussed in the case. It must help the jury understand the evidence or decide on important facts.
Professional opinions: Experts are allowed to express their opinions, even on crucial matters in the case. However, these opinions must be based on their expertise.
The lawyer you choose must be prepared to address these challenges head-on. Your legal team must carefully evaluate each witness’s qualifications. This is to ensure that each testimony is fair, accurate, and unbiased.
Wrongful Death Attorneys Ready to Help You Seek Justice
True, expert witnesses are useful in building a strong case. However, it takes an experienced attorney to leverage testimony effectively. That is where the compassionate attorneys of Hill & Moin can help.
As experienced attorneys, we understand the emotional toll that untimely death can have on surviving families. That is why we are dedicated to helping clients navigate the complex legal landscape. To that end, we work closely with a network of professionals who specialize in various fields relevant to wrongful death cases.
Of course, monetary compensation cannot bring back what has been lost. However, our aim is to make sure you have the opportunity to receive fair financial support during this difficult time. When you hire us for your wrongful death case, we will seek appropriate compensation for funeral costs and loss of financial support from your deceased loved one. We serve multiple areas in and around New York City, including Brooklyn, Manhattan, Queens, Staten Island, Nassau County, and The Bronx.
If you find yourself navigating the pain of a wrongful death, don’t hesitate to seek out skilled attorneys like our team at Hill & Moin, LLP. With support from a dedicated legal team that understands your situation, you can seek justice and fair compensation for your losses.
The road ahead may be challenging during this difficult time, but the right legal team can make all the difference when seeking justice. Reach out to Hill & Moin today at (212) 668-6000 to learn about your Personal Injury Recovery SolutionsⓇ.
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