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It was a routine afternoon for Tenisha Desire, a nurse in New York, as she went into a physician’s office to perform her standard work duties. Suddenly, a motor vehicle struck the office, injuring Ms. Desire, the type of accident one would see on the news or social media. Various parts of her body were injured. As a result, Tenisha began searching for attorneys with expertise in personal injury law on Google to ensure she received the best legal representation. Hill and Moin’s presence was prominent.

Tenisha met with the attorneys at Hill & Moin and later reflected that retaining the firm was one of the best decisions she ever made. She rated the firm 5/5 for providing exemplary legal services. The highlight of her experience was communicating with Ms. Amelia Ortiz: a long-term paralegal with the firm known for her gracious hospitality and wonderful personality, a testament to the workplace qualities Hill & Moin instills among its employees.

The incredible work by the Hill & Moin attorneys landed Desire a settlement amount of $125,000. When asked about her next steps, she enthusiastically responded that she hopes to return to work after being unable to do so for two years. Tenisha Desire’s determined attitude is a firm reminder of the deep work ethic possessed by New Yorkers. When questioned about any future plans for her settlement funds, Desire immediately noted that savings and education were her primary goals.

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Unfortunately, due to the high volume of traffic and road congestion, car accidents in New York City are an all-too-common occurrence. In 2023, there were over 51,000 traffic accident-related injuries in NYC.

Whether it was a minor fender-bender or a serious car accident, dealing with the aftermath of your collision is no doubt stressful. In theory, auto insurance is meant to protect you after an accident, compensating you for your injuries and losses. However, in practice, insurance companies often prioritize their bottom line over providing fair compensation.

In this article, we will discuss insurance companies’ tactics to devalue car accident claims and how a personal injury lawyer can help ensure you receive the full compensation you deserve.

How New York’s No-Fault Insurance Laws Affect Your Car Accident Claim

New York is a no-fault state. This means that if you are involved in a car accident, your own insurance policy is responsible for covering certain costs, regardless of who caused the crash. This includes financial compensation for medical expenses, lost wages, property damage, and other out-of-pocket expenses.

However, your own policy may not cover all of your financial losses after a car accident. Medical coverage usually caps out around $50,000, which may not be enough if you have been severely injured. Furthermore, your no-fault insurance personal injury protection plan does not cover pain and suffering, emotional distress, or other non-economic damages – which can be significant in more serious car accident cases.

Understanding when and how to step outside of the no-fault system to file a personal injury lawsuit can be difficult. A car accident attorney can help you explore your compensation options and ensure that you take the right legal steps.

Beware of Common Insurance Company Tactics

It is important to remember that insurance companies are profit-driven businesses that are not looking out for your best interests. Their goal is to settle for as little money as possible, and they often use various tactics to achieve this – even if it comes at the expense of the accident victim’s rightful compensation.

Consider some common strategies insurance companies use to reduce or deny car accident claims:

• Quick settlement offers: The insurance adjuster may be quick to offer you a settlement shortly following the accident, while you are still recovering and unsure of the long-term impact of your injuries. These offers may not even be enough to cover your future medical bills or lost income.
• Delaying the claims process: The insurance company may intentionally drag its feet in processing your claim. They may request excessive documentation or find other ways to avoid paying your claim, hoping you’ll accept a lower offer out of frustration.
• Denial of car accident claims: The insurance company may deny your claim outright by asserting that the accident was your fault, that your injuries were pre-existing, or that they are not covered by your policy.

Since insurers do not always act in good faith, please know that trying to handle insurance negotiations without an NYC personal injury attorney can put you at a severe disadvantage. You may be left under-compensated for your injuries and financial losses.

Avoid Common Mistakes When Pursuing a NYC Car Accident Insurance Claim

It is important to avoid certain common mistakes when dealing with the insurance company after a car crash. In fact, you can maximize your chances of receiving fair compensation by:

• Delaying reporting the accident: Don’t wait too long to report the accident to the insurance company. Most insurance companies require that any car accident be reported in a timely manner, and failure to do so could lead to a denial of your claim.
• Failing to seek medical attention: If you delay getting medical help after an accident, the insurance company could argue that your injuries weren’t serious or that they were caused by something other than the collision. Be sure to get a medical evaluation as soon as possible and follow through with any recommended treatments.
• Providing inaccurate information: When speaking to the insurance company, provide clear and accurate details about the time, date, location, and the parties involved in the accident. Avoid exaggerating or downplaying any facts. Inconsistencies could hurt your credibility and negatively impact your claim.
• Admitting fault: Emotions may run high after a motor vehicle accident, and you could be tempted to apologize or accept blame. Even if you believe you were partially at fault, do not accept liability when speaking with the insurer. Any statements you make admitting fault could reduce your chances of receiving compensation.
• Providing a recorded statement: Giving a recorded statement without consulting a lawyer is not a good idea. The adjuster may ask questions designed to elicit responses that could weaken your claim. It is wise to decline given a recorded statement until you have spoken with a lawyer.
• Signing a release too soon: If the insurer sends you a release of claims or a settlement agreement, refrain from signing until you have reviewed it with your lawyer. Signing before you know the full scope of your injuries could leave you without the money you need to cover your medical treatments and other expenses.
• Handling the claim without legal representation: Some accident victims try to handle the insurance claim process on their own, thinking they will save money by not hiring a lawyer. Insurance companies have teams of adjusters and attorneys working for them, and navigating the claims process without legal help can put you at a disadvantage. An attorney from a personal injury law firm can negotiate on your behalf and make sure you recover full compensation for your losses.

Why Hire a New York City Car Accident Lawyer

Dealing with the insurance company will likely be one of the most challenging aspects of your New York City car accident claim. Consider some ways a personal injury attorney can help you get a fair settlement following a motor vehicle accident.

Negotiating with the insurer

Insurance adjusters are trained to offer the lowest possible settlement in hopes that the accident victim will accept it without question. When you don’t have a lawyer by your side, the insurance company may assume that you are unaware of the full value of your claim and try to pressure you into accepting a fast and low settlement.

Experienced personal injury attorneys are skilled negotiators who know how to challenge unfair settlement offers. Your lawyer will negotiate aggressively on your behalf to ensure that you receive money to cover all of your damages.

Gathering evidence

The insurance company may challenge the severity of your injuries or dispute liability for the motor vehicle accident. To counter this, you will need strong evidence to support your claim.

Car accident lawyers know how to gather evidence necessary to support your claim:

• Medical records: Your attorney will gather all of your medical documentation, including hospital records, doctor’s notes, and treatment plans, to demonstrate the full extent of your injuries
• Police report: Personal injury attorneys will review the official police report and use it to support your claim
• Witness statements: Your attorney will contact any witnesses who saw the accident or its aftermath; their statements may be able to corroborate your version of events
• Video footage: Lawyers will try to collect video documentation recorded at the crash scene, as well as footage from dashcams, traffic cameras, and video surveillance cameras
• Expert testimony: Personal injury attorneys will, at times, consult experts in various fields, such as medical professionals, accident reconstruction specialists, and economists, to provide testimony that strengthens your case

By compiling this evidence, your attorney will build a solid case that forces the insurance company to take your claim seriously.

Communicate with the insurer

Another benefit of hiring an accident attorney is that he or she will handle all communication with the insurance company on your behalf.

Adjusters are trained to ask leading questions and look for ways to minimize your claim. If you speak to them directly, you might inadvertently say something that could be used against you later.

Personal injury lawyers understand these tactics and know how to communicate effectively with insurance companies to avoid common pitfalls. Your lawyer will ensure that the insurance company only receives the information necessary to process your claim – preventing the insurance adjuster from twisting your words to reduce the payout.

Litigate in court

While many auto accident claims are settled out of court, there are situations where the insurance company refuses to offer a fair settlement. If negotiations are unsuccessful, your lawyer will be prepared to file a civil lawsuit and present your auto accident case in court.

Insurance companies tend to be more willing to offer a fair settlement when they know that the accident victim is represented by a lawyer who is not afraid to litigate.

If your case goes to trial, your lawyer will represent you in court, present evidence, cross-examine witnesses, and fight for the maximum compensation you deserve.

Choosing the Right Lawyer to Handle Your NYC Car Accident Case

If you have been involved in a motor vehicle accident in New York City, choosing the right law firm and attorney to represent you can significantly impact the outcome of your case. Filing an insurance claim and navigating the legal system can be challenging.

Here are some tips to ensure you select the best car accident lawyer to handle your case:

• Experience in your case type: Many personal injury lawyers are skilled in handling a variety of case types such as car accidents, medical malpractice, liability for defective products, and slip-and-falls. You want to choose a lawyer who has successfully handled cases similar to yours.
• Solid reputation: Online reviews, client testimonials, and professional recognition can give you insight into how a lawyer is viewed. Look for attorneys who are respected by their peers, former clients, and the legal community.
• Good communication skills: During your initial free consultation, evaluate how well the lawyer listens to your concerns and answers your questions. A lawyer who takes the time to explain your legal options, timelines, and potential outcomes demonstrates that he or she is dedicated to your case.
• Evaluate the attorney’s resources: A well-established law firm with access to expert witnesses, medical professionals, accident reconstructionists, and other resources can strengthen your case. Make sure to choose an attorney who has the tools and legal team needed to manage your case thoroughly, from start to finish.
• Trust your instincts: Does something feel off during your initial consultation? If so, keep looking. You need a lawyer you feel comfortable and confident in. The person you choose to represent you should be someone you can trust to fight for your best interests throughout the process.

Contact Hill & Moin for Help Dealing With Insurance Companies

Dealing with insurance companies after a car accident in New York City is no easy task. Our legal team can handle your case from start to finish, offering support and legal guidance. While a personal injury lawyer handles every aspect of filing your claim and securing compensation for your losses, you can focus on your recovery.

At Hill & Moin LLC, we take car accident cases on a contingency fee basis. You do not pay any upfront costs or fees, and we only get paid if your case is successful and you receive a settlement or reward.

If you have been injured in a car accident in New York City, NY, don’t leave your financial future in the hands of insurance companies. Contact our law firm today to ensure you get the help you need during this challenging time.

With our law firm on your side, it’s like having “a lawyer in the family,” as clients have told us. Call (212) 668-6000 to schedule a free case review and discuss your Personal Injury Recovery SolutionsⓇ.

Don’t wonder about your rights!

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Despite the many cars on the road in New York City, few people leave home with the thought of being involved in a car crash. However, just this year alone, through August there have been nearly 7,500 car accidents in the city, according to NYPD citywide stats.

Car accidents can range from fender-benders to major crashes, leaving victims with minor or serious injuries. Anyone who has suffered any type of injury would naturally think of pursuing the at-fault party for compensation for damages. However, the State of New York has a law that has a direct bearing on whether car accident victims can sue a negligent driver for compensation.

New York State’s Serious Injury Law Threshold

New York follows a no-fault law. This means that, since drivers are required to carry no-fault insurance, car accident victims are entitled to receive compensation for medical bills and lost wages from their own insurers at up to $50,000 – regardless of who was responsible for the car accident. This is considered basic economic loss.

There are a few exceptions to this rule, such as if the victim was intoxicated or engaged in another type of crime while driving.

In cases where injuries and damages exceed the lower limits of no fault, the victim may have a legal right to pursue compensation from the responsible party. However, this law does not include any type of injury. So even though a person may suffer a serious injury from a car accident, he or she can sue the negligent party only if the serious injury threshold has been met, meaning the injury falls under the specific types mentioned in the statute.

Types of Serious Injuries

New York insurance law (section 5102(d)) outlines which types of injuries would satisfy the serious injury threshold.

The following injuries are specifically mentioned in the statute:

• Death: When someone’s negligence results in the death of another, this constitutes wrongful death. The family of the victim has the legal right to file a wrongful death claim to pursue compensation for the financial and emotional damages that result from the loss of their loved one.

• Dismemberment: The loss of a limb is not an injury that may heal with time. The injured person would have to go through the process of learning how to adjust to doing tasks with fewer extremities. Not only is the process of adjustment physically difficult, but it can also be emotionally devastating.

• Significant disfigurement: In an instant, a car accident can leave a victim permanently disfigured. Having to accept his or her new altered appearance can leave the person suffering low self-esteem, anxiety, and depression.

• Fracture: Victims of major car crashes can suffer broken bones externally and internally. Arms, legs, ribs, and pelvic area are bones that are typically fractured in accidents. Not only can a broken bone be extremely painful and require extensive medical treatment, but it could take a long while to heal.

• Loss of a fetus: If a pregnant woman in a car accident suffers the loss of her unborn child, this would definitely satisfy the serious injury threshold in New York. Suffering a miscarriage can be incredibly traumatic for women in general, but when the loss occurs due to someone else’s negligence, it can be crushing.

• Permanent consequential limitation of use: This refers to any organ, such as the kidneys, liver, spleen, or another body part that no longer functions at full capacity as a result of the accident. This type of injury would satisfy the serious injury threshold since the victim is left not feeling whole.

• Significant limitation of use of a body function or system: Different from being permanent, this type of injury significantly limits the use of a body function or system. An example would be a serious type of vision damage or hearing loss. Although the victim’s sight or hearing is not totally lost, such functions have become significantly impaired as a result of the crash.

• Medically determined injury or impairment: This last category refers to an injury or impairment that prevents the victim from carrying out his or her regular daily activities for at least 90 days within the first 180 days of the accident. This must be determined by a medical professional.

It is important to note that the New York state’s serious injury law applies to practically all types of motor vehicle accidents, including bicycle accidents and pedestrians.

However, motorcyclists are exempt from meeting New York State’s serious injury threshold. As such, if a motorcyclist suffers an injury in an accident, he or she may pursue compensation from the at-fault driver for economic and non-economic damages right away.

Proving a Serious Injury

In most cases, satisfying New York State’s serious injury threshold can be very complicated. It must be proven that the victim’s injury falls in at least one of the types of injuries listed in the statute. This would require, not only the victim’s own testimony, but also substantial proof backing up the claim.

Evidence can be obtained from various sources, including:

• Medical records: Proof of the extent of injuries and costs can be provided by obtaining medical records and bills. Also, receipts for medical devices and prescription medicines would show proof of damages.

• Physician’s statements: Doctors who treated the victim can submit their findings, which would include the extent and future outlook of injuries, in writing. Medical professionals’ opinions of diagnosis and prognosis carry a lot of weight.

• Tax returns and pay stubs: Providing copies of tax returns and pay stubs or 1099s can show lost income. Additionally, the victim’s employer can provide information on any overtime, bonuses, and promotions that may have been lost due to the victim’s life-changing injuries.

• Police reports: In addition to proving the extent of injuries and damages suffered, it also must be proven that the other driver was at fault. Obtaining a copy of the police report, which would provide details of the crash and the officer’s opinion as to who is responsible for the accident, can be used as evidence to support this claim.

• Eyewitness testimony: In addition to the police report, any eyewitnesses of the crash can provide their written testimonies as to what they saw regarding the accident. Their statements can provide details of the crash from different angles.

This list is not comprehensive. There are many other sources that could be used to obtain vital evidence to satisfy the serious injury threshold. This is why having the assistance of a personal injury lawyer is vital in the aftermath of a car accident.

Speak With a New York Personal Injury Lawyer Right Away

If you or your loved one has recently been injured in a car accident, do not make the mistake of assuming that your injuries do not satisfy the serious injury threshold well enough to pursue a car accident lawsuit. Speak with an experienced personal injury attorney as soon as possible.

Meeting the requirements of the serious injury threshold can be challenging. An experienced lawyer would be familiar with what would constitute a serious injury under the statute. Your knowledgeable lawyer would be able to provide you with helpful guidance on how to proceed with your personal injury claim. Keep in mind that the law firm you choose will have a direct impact on the outcome of your car accident claim.

Make the right choice by choosing the empathetic lawyers at Hill & Moin, LLP, in New York City. Our lawyers stand ready to hear your story. As some of our clients like to say, with us, it’s “like having a lawyer in the family.” Contact us today at (212) 668-6000 for a free consultation with an attorney to learn your Personal Injury Recovery SolutionsⓇ.

Don’t wonder about your rights!

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Getting into a car accident in an unfamiliar place can be one of the scariest of life’s experiences. Your next steps can impact your future for years to come, so you need to make the right decisions from the beginning.

At Hill & Moin, our car crash attorneys strive to be reliable guides for our clients. You can turn to us for advice whenever you need to take legal action after a motor vehicle accident.

Our help starts now. Consider the practical tips shared below, and contact us as soon as you can to schedule a free consultation. You can reach us at (212) 668-6000 or by leaving us a brief message. 

Take Immediate Action After a Car Accident

Car accidents can leave vehicles in dangerous positions. Leaving your vehicle in the oncoming traffic lane, for example, could lead to another crash.

Don’t leave the scene or risk more injuries. Instead, move your car to safety nearby, if possible.

If you cannot immediately move your vehicle, then put on your hazard lights, engage the parking brake, and turn off your engine. Once safe to do so, take the following steps or delegate these important actions to someone you trust.

File a police report

Seek emergency medical help for yourself or anyone else who needs immediate treatment. You can report the accident to the local police anywhere in the United States by calling 911.

Each state has its own rules, but New York law requires you to report any car crash:

• Involving a fatality
• Causing injuries to any person
• Killing or injuring a domestic animal
• Damaging property (e.g., a parked vehicle, a fence) if you cannot inform the owner
• Requiring a vehicle to be towed
• Causing over $1000 of accident damage

Even if your accident does not fit these criteria, you should still make a police report and see a doctor. Why?

Consider the following reasons:

• A police officer’s objective assessment of the damage can help you prove that you deserve compensation for the costs of mechanical and body repair that you wind up seeking, especially since your rights might vary greatly between states
• An emergency responder or a doctor might notice symptoms of injuries that are not readily apparent to untrained eyes
• Some medical conditions become more serious if left untreated
• Mechanical damages might not be evident without a close inspection by a professional
• If you are unaware of the local reporting requirements, it is better to contact the authorities than risk breaking the law

Additionally, the reporting rules for accidents differ depending on where you are. If you fail to report an accident lawfully, you could lose your driving privileges, which could affect your ability to make an insurance claim. Why take the chance?

Collect information

A personal injury lawsuit must be supported by evidence. Exchange information with all involved motorists, passengers, and eyewitnesses. When accidents happen out of town, it can be difficult or impossible to return to the location later.

Gather as much contact information and details as possible at the scene, including:

• Photos and videos of the accident scene, focusing on damage to all involved vehicles, visible injuries, and relevant features of the accident scene (e.g., missing traffic signs, skid marks, patches of snow and ice)
• The insurance information and driver’s license number of the other driver
• The make, model, color, and license plate numbers of the other vehicles
• The name and badge number of the police officer responding to the accident
• The vehicle ID and route number if the accident occurred on public transportation

Start a file of all the documentation related to the auto accident. Keep copies of your medical records and any expenses related to medical care: like prescription drugs, assistive devices, and travel costs for appointments.

Consult a Car Accident Lawyer

The medical bills and repair expenses after an accident can quickly drain your finances. A personal injury settlement from the negligent party can help you meet your financial needs, yet getting a fair sum from his or her insurance company is often much too difficult to accomplish without professional assistance.

Before you talk to your insurance company, you need to understand how what you say impacts your potential claim. A careless statement could even void your insurance policy.

On the other hand, hiring an experienced lawyer to communicate with insurance companies on your behalf can ensure your claim is processed both correctly and on time.

Visiting a law firm can be intimidating. Yet, the family-like atmosphere at Hill & Moin can put you at ease. Our satisfied clients appreciate how our compassionate lawyers explain their legal options and pursue maximum compensation for their serious injuries.

You can begin without cost or obligation. Send us a message with your contact information, or call our office to schedule a free consultation.

In the United States, there are several types of travel and auto insurance. If you decide to hire our attorneys, we can help you reap the maximum benefits from the following types of insurance coverage.

Understand Your Insurance Features

Private health insurance policies, either paid out of pocket or by an employer, can also offset the high costs of medical care. The United States does not cover citizens while they are abroad. Therefore, many traveling Americans rely on special insurance policies specifically for travelers or expats.

Did you buy a travel insurance policy before your trip? These policies can include different features, such as the following.

Trip cancellation

When your trip is canceled, these benefits cover reservations like flights, train tickets, and hotels. Some plans still compensate even if you cancel because a close family member got sick.

Travel disruption

If there are changes to your trip before or during your travels, disruption benefits can offset your financial losses.

Travel health insurance

Some general travel insurance companies cover medical bills from overseas treatments, or you may need to purchase separate policies that make direct payments to foreign hospitals. Otherwise, you might need to pay for medical treatment out of pocket.

Medical evacuation

If you are in a place that does not have modern healthcare facilities, medical evacuation coverage can cover the costs of emergency transport to a more well-equipped hospital.

What if you get into a car accident in a rented vehicle? Travel insurance policies sometimes offer rental car coverage as a benefit or an add-on feature. In other cases, you have to purchase a separate plan or take advantage of credit card perks.

Rental car insurance

You can file a claim with your travel insurance company if you get into an accident while traveling when it is covered by your policy.

Many packages include a collision damage waiver (CDW) for the damage or theft of rental vehicles. CDWs pay for vehicle damage or theft. Some rental companies otherwise offer policies that cover any financial responsibility for damages or losses related to the car you borrow.

If you did not buy a rental or travel policy, should you be panicking? Not necessarily, as you will discover in the next subheading.

Credit card benefits

Some credit card companies automatically provide travel insurance for related expenses paid for with your card. A lawyer can review your card agreement for medical care coverage and other car accident losses.

No-fault insurance

Most states require drivers to carry insurance on their motor vehicles. New York, New Jersey, and several other states operate under no-fault systems. In these locations, no-fault insurance pays car accident-related medical bills for you and your passengers. You would receive these funds regardless of who caused the accident.

If your expenses are low, you might not need to seek damages from the other driver. However, you can pursue additional compensation if your policy amounts are insufficient.

At-fault insurance

In at-fault states, the person who caused the accident matters greatly. When an accident happens, insurance companies investigate who caused it. They might review the accident report, interview witnesses, and collect other important evidence. The driver determined to be at fault will be the one whose insurance pays for the damages.

What if more than one driver is partially responsible for severe injuries or vehicle damage? In some states, the insurance companies split the costs based on the percentage of fault.

Drivers can be found at fault for many reasons. Some common causes of car accidents include careless or illegal driving actions.

Below are a few examples:

• Reckless driving: Operating a vehicle in a dangerous manner, such as speeding or ignoring traffic laws
• Distracted driving: Driving while not paying full attention to the road or other motorists
• Driving under the influence: Operating a vehicle while impaired by alcohol or drugs

If the damages exceed policy limits, motorists can rely on uninsured driver’s coverage.

Uninsured and underinsured coverage

Suppose you got into a car accident on Staten Island and the driver left without stopping to exchange information. Uninsured motorist insurance policies could protect you in this case, by paying for the expenses that the at-fault driver should have covered.

You can file an underinsured motorist claim if the at-fault driver has insurance but his or her policy limits are too low to cover all of your costs. This accident protection supplements the liable driver’s policy, covering any remaining costs for medical bills or property damage once policy limits are reached.

File a claim with an insurance company

In the eyes of a collision survivor, the purpose of an insurance company is to protect you from financial harm after a car accident. Unfortunately, many companies focus on making a profit rather than on paying out compensation to policyholders.

Hill & Moin is a law firm that understands the system. Since our attorneys know the law, they can use it to serve clients struggling to get what they deserve from money-hungry insurance companies. At times, we need to take cases to trial; in most instances, our successful negotiations result in a fair out-of-court settlement.

Discuss Your Personal Injury Recovery SolutionsⓇ

If you have been involved in a car accident, make sure to prioritize your immediate safety. If you have followed our advice, you will have gathered evidence and filed an accident report with the police. Even with these critical tasks completed, there is still one step to take.

Learn your legal rights. Consulting a professional for guidance can be the turning point in your quest for justice.

To ensure you receive the compensation you deserve, reach out to our law firm today. Contact our experienced accident lawyers now to schedule a consultation at (212) 668-6000, and a member of our team will be happy to assist you. Don’t worry about your rights! 

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It was a crisp autumn day when the unthinkable happened. Jennifer M. was involved in an auto accident while riding a moped scooter in Queens. As the moped was turning a corner there was a collision with an oncoming car that resulted in Jennifer M. sustaining injuries. In pain and unsure of what to do next, Jennifer M. knew she wanted to understand her legal rights and seek justice after such an unfortunate accident. That’s when she got in touch with the legal team at Hill & Moin, LLP.

Jennifer M. met with attorney Eric Wittels who explained in a thorough yet understandable way Jennifer M.’s case and the steps Hill & Moin would take to ensure she received adequate compensation for her injuries. Through Mr. Wittel’s hard work and dedication Jennifer M. was awarded $180,000. “Eric and the staff at Hill & Moin spoke to me like we were friends, and I always felt comfortable asking questions about my case” Jennifer M. would go on to say once she received her settlement check. When asked how she would rate her experience with Hill & Moin, she gave a glowing “5 Star” Google review.

So, what’s next for Jennifer M.? She plans to buy a home in Colombia where her family is originally from and invest in her dreams of having her own day care center, proving that there is a silver lining even after unexpected setbacks.

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Driving in traffic can be frustrating and stressful, but depending on the situation, it can also make the ride especially dangerous. On one unsuspecting autumn afternoon, Will Reyes unfortunately found this to be his reality. Driving straight with the right of way on the highway, Will hardly had time to react to the vehicle which had startlingly begun to enter the lane of traffic in which he was traveling.

In the blink of an eye, the careless vehicle had pulled out into Mr. Reyes’ path, striking his vehicle on the side. Will’s body was jolted and pushed into the interior frame and steering wheel. His car came to a rest in a grassy median, and it was then that he realized he was hurt. He was swiftly seen by medical staff and found to have sustained injuries to his shoulder, leg, and knee.

Wishing to set things right, he called Hill & Moin to talk more about what he had been through. Upon reviewing the facts, they formulated a plan and got straight to work on his case. Through diligence and patience, Hill & Moin was able to secure Will a settlement of $167,000.

Looking back, Mr. Reyes has only good things to remember about his experience with Hill & Moin, noting that he gives them “all 5 out of 5 stars.” Looking forward, he has plans to resume his career, continue forward, and buy a fresh set of wheels for his new life on the go.

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When one pictures life’s joyous occasions, such as celebrating a birthday, laughter and happiness are what you might hope or even expect to experience. Woefully, S.B. wasn’t so fortunate. Setting off for an event to celebrate her sister’s birthday, S.B. and several pals climbed into the back seat of the car being driven to the venue by another friend. As they traveled along the roadway, S.B. and her friends were chatting quietly amongst themselves. Without warning, the car began to slow and just a split second later, a second out-of-control vehicle ploughed into S.B’s host vehicle from behind. Attempting to brace herself, S.B. was batted around the inside of the vehicle like a human pinball due to the force of the impact.

Although she tried to push through the distressing situation to enjoy her sister’s celebration, S.B. couldn’t ignore the growing pain she found herself to be in. Seeking medical attention, it was confirmed that she had suffered damage to her knee, shoulder, neck, and back and would require corrective surgery to treat her soft tissue injuries. Worried about what to do next and looking for clarity, on a trusted friend’s recommendation, S.B. went straight to Hill & Moin, LLP. Knowing that the firm had decades worth of knowledge and expertise, S.B. knew that the esteemed counsel of Hill & Moin would be able to confidently pursue her case and find her the relief and compensation she sought.

Reflecting on her relationship with the firm, she described Hill & Moin as “great!” An admirer of their straightforward and reliable communication, she found herself at ease with how the questions and concerns she found herself asking were invariably met with confident answers. With strategy and persistence, the attorneys at Hill & Moin negotiated a $200,000 award for all that S.B. had pushed through. With the new promise of a fresh start, S.B. now looks forward to investing in properties while also aspiring to open a hair salon of her very own.

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Settlement: $500,000 Dollars

Antonia was heading home from work in Sunset Park when she was blindsided and hit by an oncoming car in the pedestrian crosswalk. Suffering serious injuries that required surgeries, Antonia was recommended to Hill & Moin by a close friend who knew from personal experience the benefits of working with a firm that treats clients like family.

An appointment was scheduled promptly and with her husband’s help, Antonia met with the attorneys who explained the legal process to both and promised them that Hill & Moin would do all they could to advocate and seek justice for the injuries Antonia sustained. Through hard work and total dedication to help Antonia and her family after such an unfortunate occurrence, her case was settled for the entire insurance policy of $500,000 dollars. They would not accept a penny less.

Antonia and her husband were delighted by the news and immensely grateful for the work Hill & Moin did to provide a clear and focused path forward after her debilitating accident. Antonia recommends Hill & Moin and their kind staff for all their steadfast hard work and for making their dream of purchasing their first home together a reality.

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Car accidents can turn lives upside down in an instant. Whether it’s a minor fender-bender or a serious collision, the aftermath is often filled with confusion and stress. One of the most critical aspects of navigating this chaos is proving fault. This task can feel overwhelming, though, for accident victims who are already dealing with serious injuries, medical bills, and emotional trauma.

An experienced car accident attorney can be your ally in these challenging situations – armed with the knowledge and skill to sift through evidence, negotiate with insurance companies, and ultimately help you establish fault where it may not be immediately apparent. With the legal guidance of such a personal injury lawyer, you stand a better chance of securing fair compensation for your losses.

At Hill & Moin LLP, we understand how daunting this process can be for those involved in motor vehicle accidents in New York City. Our car accident attorneys are here to guide you through every step of the legal process. Let us explore how legal representation is crucial in proving fault after a complicated car accident.

What Makes a New York Car Accident Case Complex?

New York’s comparative fault laws are designed to allocate responsibility among parties involved in an accident and adjust compensation based on their level of fault.

Comparative fault, also known as comparative negligence, is a legal principle used to determine how blame is shared among individuals involved in an accident. This means each party can be assigned a percentage of fault, and the amount of compensation you can receive is reduced according to your amount of shared responsibility.

After an accident, an assessment is made to determine how much fault each party bears. For example, if you were speeding but the other driver ran a red light, both actions are evaluated to determine their contributions to the accident.

Each party is given a percentage of fault based on their actions. For instance, if you are found to be 40 percent responsible for the accident and the other driver is 60 percent responsible, you may only receive up to 40 percent of compensation.

For a seemingly minor car accident, determining fault may appear simple and straightforward. Yet, some car accident cases can be trickier than expected. Let us explore several scenarios in which establishing fault can be complex and how a personal injury lawyer can handle the complications.

Accidents Involving Multiple Vehicles

Accidents involving multiple vehicles are among the most complex and devastating types of motor vehicle accidents. These types of collisions can result in extensive property damage, serious injury, and fatalities.

Sometimes a single event, such as a sudden stop or collision, triggers a chain reaction. For example, if a car abruptly stops on a highway, the car behind may rear-end it, causing a domino effect of other collisions with following vehicles.

Pile-ups typically occur on highways or freeways and involve multiple vehicles crashing into one another. These accidents can result in significant pile-ups, cars stacked up on each other.

Why do multi-car accidents happen?

Several factors that may contribute to multi-car accidents are:

• Drivers not paying attention to the road may fail to notice slowing or stopped traffic ahead, leading to chain reactions
• Speeding, brake-checking, tailgating, and sudden lane changes can increase the likelihood of multi-car collisions
• Fog, rain, snow, and ice can reduce visibility and road traction, making it difficult for drivers to stop in time
• Heavy traffic increases the chances of rear-end collisions, which can quickly escalate into multi-car accidents
• Debris, potholes, and other road hazards can cause drivers to lose control and collide with multiple vehicles

Why is it difficult to prove fault in multi-car accidents?

Proving liability in multi-car accidents, also known as chain reactions or pile-ups, can be exceptionally challenging. Note the following reasons why establishing fault in these types of accidents is usually difficult.

Multiple parties involved

With multiple accounts of how the accident occurred, determining who is primarily at fault can be convoluted. Each driver may have a different perspective or recollection of events, leading to conflicting statements.

Complex accident scenes

The nature of multi-car accidents can often be a tangled mess of vehicles and debris. This makes it challenging to piece together a clear and accurate sequence of events. The accident scene can be chaotic, with vehicles scattered in different directions and extensive property damage, complicating the task of accident reconstruction.

Chain reaction dynamics

Figuring out the precise sequence of events and identifying the initial at-fault driver can be particularly difficult in a chain reaction. Each collision in the chain may have contributing factors from different drivers, further complicating fault determination.

Insurance complications

In multi-car accidents, multiple insurance companies may be involved, each representing different drivers. Each provider will conduct its own investigation, and conflicts of interest may occur. Negotiating with multiple insurers can be a complex and prolonged process, with each party attempting to minimize their liability.

Defensive actions by drivers

In multi-car accidents, some drivers may take defensive actions to avoid the collision, such as swerving or braking suddenly. These actions, while intended to prevent a crash, can inadvertently contribute to an accident. Determining the reasonableness and impact of these defensive maneuvers adds another layer of complexity to fault determination.

Rideshare Accidents

Rideshare accidents involve vehicles operating under the umbrella of rideshare companies like Uber or Lyft. These accidents can occur while a driver is waiting for a ride request, en route to pick up a passenger, or actively transporting a customer. Each scenario has different implications for insurance coverage and liability.

The cause of rideshare accidents

The following are just a few factors that may contribute to a rideshare accident:

• Distracted driving: Rideshare drivers rely heavily on their smartphones for navigation, communication with passengers, and managing ride requests. This dependence on technology can lead to distracted driving, which is a leading cause of accidents. Drivers may be looking at their phones instead of the road, causing them to miss traffic signals, pedestrians, or sudden changes in traffic conditions.

• Fatigue: Rideshare drivers often work long hours, sometimes late into the night or early in the morning, to maximize their earnings. This can lead to driver fatigue, which impairs reaction times, decision-making abilities, and overall alertness. Fatigue-related accidents are particularly common among rideshare drivers who balance multiple jobs or drive during peak hours when they are most tired.

• Inexperience: Some rideshare companies have minimal requirements for driver experience, leading to a diverse range of driving skills among their drivers. Some rideshare drivers may be relatively inexperienced or unfamiliar with the areas they are driving in, which can lead to navigation errors and unsafe driving practices. Inexperienced drivers are more likely to be involved in accidents, especially in high-traffic or complex driving environments.

• Poor vehicle maintenance: Rideshare drivers are responsible for maintaining their vehicles, but not all drivers adhere to regular maintenance schedules. Poor vehicle maintenance, such as worn-out tires, faulty brakes, or malfunctioning lights, can lead to mechanical failures and accidents.

What parties may be held liable?

Liability in rideshare accidents can involve multiple parties, making these car accident cases particularly complex.

Potentially liable parties include:

• Rideshare driver: If the driver was negligent, he or she could be held liable for the accident. This includes behaviors like distracted driving, speeding, or violating traffic laws.
• Rideshare company: Depending on the driver’s status, the rideshare company’s insurance policy might cover the accident. A rideshare company may have substantial policies that can provide coverage in these situations.
• Vehicle manufacturers: If a defect in the rideshare vehicle or another involved vehicle contributed to the accident, the manufacturer might be held liable.

When Dangerous Behavior Causes an Accident

Car accidents can be devastating, especially when they involve drunk driving, reckless behavior, or aggressive driving. Proving fault in these complex cases requires thorough investigation.

To prove fault, a car accident lawyer may:

• Gather evidence: The lawyer can obtain police reports and arrest records that show the at-fault driver was under the influence. Lawyers may also collect blood alcohol content (BAC) test results and witness statements.
• Request accident reconstruction experts: These experts are qualified to recreate the accident scene using evidence and data. They can thus show how the accident played out, demonstrating the actions of the drunk, reckless, or aggressive driver.
• Talk to toxicology experts: In car accident cases of drunk driving, toxicology experts can provide evidence of the driver’s impairment at the time of the accident.

These are just a few examples of complex car accidents that can make unraveling liability a challenge. Now, let us see how personal injury attorneys can establish fault.

Holding the Right Parties Responsible for Your Car Accident Injuries

If you are facing the aftermath of an accident, a car accident lawyer can establish fault and build a strong case on your behalf. Here are several ways a car accident lawyer can help prove fault in complex cases.

Investigation and evidence gathering

One of the primary roles of a car accident attorney is to conduct a comprehensive investigation into the accident.

The investigation process involves:

• Collecting accident reports and police reports: These documents provide crucial details about the accident scene, including the positions of the vehicles, road conditions, and any traffic violations noted by the responding officers.
• Interviewing witnesses: Statements from witnesses may offer valuable perspectives on the events leading up to the motor vehicle accident. A personal injury lawyer can identify and interview witnesses to corroborate the victim’s account.
• Obtaining medical records: Medical records and expert testimony can link injuries to the car accident, demonstrating the impact of the crash on the victim’s health.

Utilizing expert witnesses

With everything from a minor car accident to a more serious car accident, expert witnesses could play a pivotal role in establishing fault.

Car accident lawyers often work with:

• Accident reconstruction experts: These professionals use evidence from the accident scene, vehicle damage, and witness statements to recreate the events leading to the crash. Their analysis can be crucial in demonstrating how the accident occurred and who was at fault.
• Medical experts: Medical experts can testify about the extent and cause of the victim’s injuries, linking them directly to the accident. This testimony can be vital in proving the severity of the injuries and the need for compensation.
• Engineering experts: In cases involving vehicle defects or poor road conditions, engineering experts can provide insights into how these factors contributed to the accident.

Requirements for Proving Negligence in Car Accident Cases

Proving negligence is essential for establishing fault after a car accident. You must show that another party’s lack of care caused the accident and your injuries by establishing the following.

Duty of care

First, you must show that the other driver(s) owed you a duty of care. In the context of driving, all drivers have a responsibility to operate their vehicles safely and follow traffic laws.

Breach of duty

Next, you need to demonstrate that the other driver(s) breached this duty. Examples of breaching duty include:

• Speeding: Driving faster than the posted speed limit or too fast for road conditions increases a person’s chances of having a serious auto accident
• Distracted driving: Using a phone, eating, or engaging in other distractions while driving
• Aggressive driving: Aggressive forms of driving, such as tailgating, frequent lane changes, or other forms of reckless driving, may result in a car crash
• Drunk driving: Drunk driving accidents are caused when an individual operates a vehicle under the influence of alcohol

Causation

You must show that the other driver’s breach of duty directly caused the accident. This involves connecting the breach (e.g., speeding or distracted driving) to the collision and your injuries.

Damages

Finally, you need to prove that you suffered damages as a result of the accident.

Economic and non-economic damages can include:

• Medical expenses: Costs for treating your car accident injuries, including physical therapy for serious injuries
• Lost wages: Even if you had a minor accident, you may experience lost wages due to being unable to work
• Property damage: Costs to repair or replace your vehicle or any property damaged in the motor vehicle accident
• Pain and suffering: Compensation for physical pain and emotional distress

Even your own insurance company may complicate matters by disputing your insurance claim or offering insufficient compensation. Additionally, the serious injury threshold must be met to pursue a personal injury lawsuit in New York. Therefore, clearly establishing fault and proving damages can help you successfully seek compensation.

Get the Support You Need After a New York Car Accident

When navigating the aftermath of a car accident, proving fault can be one of the most challenging aspects. Car accident cases that involve multiple parties, conflicting stories, and intricate details can be difficult for an individual to establish liability on their own.

But you don’t have to prove fault alone. The experienced car accident attorneys of Hill & Moin can help you pursue a car accident claim. With our legal team on your side, you won’t just have representation; you’ll have a dedicated ally negotiating with insurance companies and defending any counterclaims.

Let us help you secure the compensation you need for medical expenses, lost wages, and emotional trauma. Contact us today to schedule a free consultation. Complete our online contact form or call (212) 668-6000. We’re ready to listen to your story, answer your questions, and fight for you.

Don’t wonder about your rights!

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Car accidents can be painful, overwhelming, and costly. Even a minor collision may leave you with medical bills and other financial losses you are unsure how to handle.

New York is a no-fault car insurance state, meaning most auto insurance claims are paid through your insurance provider regardless of fault. However, before accepting a settlement from the insurer, it is critical to calculate the value of your car accident claim accurately.

Unfortunately, accident victims in New York who do not understand the types of damages they qualify for may end up without the financial support they need to recover from their injuries. This post discusses different categories of car accident damages and factors that may influence the amount of compensation you qualify to receive.

Recovering Compensation for New York Car Accident Economic Damages

Economic damages are quantifiable monetary losses resulting from a car accident. These damages encompass all financial losses incurred due to the accident. Economic damages are typically documented with receipts, bills, and other financial records.

The following are types of damages that may be included in your New York car accident settlement.

Medical expenses

Economic damages can cover the costs of medical treatment related to the auto accident, including future medical costs you may incur, such as:

• Emergency room visits
• Hospital stays
• X-rays and diagnostic tests
• Prescription medications
• Surgeries and medical procedures
• In-home medical care
• Rehabilitation and physical therapy
• Medical devices (crutches, wheelchairs, etc.)

Lost wages

Car accident injuries may force you to miss work while you get medical care. This can be stressful since you are missing out on income and worrying about medical bills and other costs accruing from the accident. Fortunately, if your injuries prevent you from working, you may be able to receive compensation for lost income.

This includes:

• Salary or hourly wages
• Commissions
• Bonuses
• Overtime pay
• Self-employment income

To prove lost wages, you may need to provide pay stubs, tax forms, or evidence of lost financial opportunities.

Loss of earning capacity

Loss of earning capacity refers to the reduction in an individual’s ability to earn income due to severe or life-altering injuries sustained in a car accident. Unlike damages for lost wages, loss of earning capacity considers the long-term impact on your ability to work and earn a living.

Calculating loss of future earning capacity can be complex and involve factors such as:

• Medical evidence: Medical reports and expert testimony to establish the extent of your injuries and their long-term impact on your ability to work

• Vocational expert analysis: Vocational experts assess how your injuries affect your ability to perform your job and whether you are able to work in a different capacity

• Economic projections: Testimony from economists may be needed to project your potential future earnings based on your age, career trajectory, and industry standards

Property damage

Your vehicle was likely damaged if you were involved in a car accident. Compensation for property damage should cover the cost of repairing or replacing your vehicle and any personal property damaged in the accident.

The insurance company may require proof of property damage through:

• Photos or videos of your damaged vehicle
• Photos from the accident scene
• Statements from eyewitnesses
• Receipts from the mechanic or auto body shop

Recovering Compensation for New York Non-Economic Damages

Severe car accident injuries can leave you with not only physical injuries but also mental trauma and emotional distress. Non-economic damages compensate for non-monetary losses that are more subjective and difficult to quantify.

Pain and suffering

Pain and suffering damages are intended to compensate you for the physical pain and discomfort you suffer as a result of the car accident, including:

• Chronic pain
• Side effects from ongoing medical treatments
• Discomfort from injuries
• Impact of daily activities and quality of life

Emotional distress

Emotional distress damages recognize the significant emotional toll that a car accident can take on a victim’s life.

Car accident victims may be left coping with the following:

• Depression
• Anxiety
• Post-traumatic stress disorder (PTSD)

Documenting your feelings and experiences with a mental health professional may help strengthen your claim for emotional distress damages.

Loss of consortium

Loss of consortium damages may be awarded to the spouse or family members of an injured party.

These damages provide compensation for the following:

• Loss of companionship
• Loss of affection
• Impact on sexual relations

Loss of enjoyment of life

Your injuries may prevent you from participating in activities and hobbies you previously enjoyed before the car accident, including:

• Traveling
• Sports
• Exercise
• Social activities

Your ability to engage in these pastimes can significantly diminish your overall happiness and fulfillment.

Punitive Damages and New York Car Accident Cases

When involved in a New York car accident, your primary financial focus typically revolves around recovering damages for medical bills, lost wages, and the other damages we previously discussed. However, in certain situations, a car accident victim may also be awarded punitive damages.

These are a special category of compensation sometimes awarded by a judge to a plaintiff in a personal injury lawsuit. Unlike compensatory damages, which aim to reimburse an injured victim for losses sustained, punitive damages are designed to punish the defendant for his or her conduct and deter similar behavior in the future.

Punitive damages are not awarded in every car accident case. Judges usually only award these damages in situations where the defendant’s actions were especially reckless, malicious, or grossly negligent.

Car accident scenarios in New York where punitive damages may be considered include:

• Texting and driving: Texting or using a smartphone, despite common knowledge of the dangers associated with distracted driving, can be considered a major offense
• Driving under the influence: If the defendant was driving under the influence of alcohol or drugs, that person’s actions may warrant punitive damages being awarded to the accident victim
• Excessive speeding: Situations where the defendant was driving well over the posted speed limit show a blatant disregard for others
• Hit-and-run: If the driver fled the scene of a severe accident and was later discovered, the judge may consider this to be deserving of punitive damages

Factors That Influence New York Car Accident Damages

One of the main questions clients ask car accident lawyers is, “How much is my car accident claim worth?” The value of a car accident claim varies depending on several elements.

The following are factors that can impact the types of damages and the amount of compensation you receive:

• Severity of the car crash: The severity of the accident can have a major influence on damages. Minor fender-benders usually result in less severe injuries and lower repair costs compared to a head-on collision or other type of major accident.

• Types of vehicles involved: The size, weight, and safety features of a vehicle can play a role in determining compensation. For instance, a collision involving a large truck and a passenger vehicle is likely to result in more significant damages to the smaller vehicle.

• Degree of fault: Your level of fault in the auto accident can impact your compensation. In some states, such as New York, if you are partially at fault, your damages may be reduced proportionately.

• Pre-existing conditions: A motor vehicle accident victim with pre-existing conditions may sustain more intense injuries or experience longer recovery times. This can complicate the assessment of damages and personal injury claims.

• Insurance coverage: The extent of insurance coverage for both drivers involved in the crash can have an impact on the final settlement. Insurance policies with higher coverage limits provide more resources for medical expenses and other damages.

• Economic considerations: Financial factors, such as your income, ability to work, and cost of medical treatment, play a major role in the overall calculation of damages. Prolonged inability to work, ongoing medical expenses, and the cost of rehabilitation therapy can greatly increase the amount of damages awarded.

• Legal representation: Whether you hire an experienced car accident lawyer or handle the claim on your own can impact the amount you are compensated. Skilled personal injury lawyers can help ensure you receive full coverage for damages.

How New York No-Fault Laws Impact Car Accident Claims

New York follows a “no-fault” system for car accidents. Each driver in NY is required to carry personal injury protection (PIP) insurance. PIP covers accident-related costs up to a specified limit, regardless of who caused the car accident.

This means when you are involved in a motor vehicle accident in New York, you file a claim with your own insurer. Your insurance company should cover your medical expenses and lost wages regardless of whether you or the other driver were at fault for the collision.

Under the no-fault system, you are typically only able to file a personal injury lawsuit after you meet the “serious injury” threshold.

Injuries that may meet this threshold include:

• Bone fractures
• Dismemberment
• Disfigurement
• Permanent loss of a body organ
• Significant limitation of use of a body function or system

Additionally, if your medical expenses or other losses exceed the $50,000 PIP limit, you may be able to file a personal injury lawsuit against the at-fault party for the excess amount.

Maximize Your Claim With a New York Car Accident Lawyer

Car accidents are an all-too-common occurrence in New York. The NYPD reported 7,999 motor vehicle collisions in just one month in 2024. If you were injured in a car accident in New York, you have the choice of filing an insurance claim on your own or hiring a personal injury attorney.

Consider some of the reasons why it is in your best interests to hire a car accident lawyer:

• Legal advice: Personal injury lawyers can provide legal advice on the ideal course of action for maximizing your car accident settlement

• Thorough investigation: A car accident attorney can gather the evidence needed to build a strong personal injury case for you

• Accurately calculate your claim: A lawyer can carefully identify and calculate all damages that you are entitled to

• Negotiate with insurance companies: An experienced personal injury lawyer knows the tactics used by insurance adjusters and can effectively negotiate on your behalf

• Peace of mind: Having an attorney handle the legal aspects of your case allows you to focus on your recovery instead of dealing with the stress of insurance claims

Recover the Full Amount of Car Accident Damages You Deserve

Understanding car accident damages is vital to securing fair compensation for your losses. By recognizing the different types of damages and working with an experienced personal injury attorney, you can maximize the amount of compensation you recover.

When you choose Hill & Moin, LLP, to handle your car accident claim, you will have a trusted legal team looking out for you. We care about our clients. With our law firm on your side, it’s like having “a lawyer in the family.”

If you need assistance with your car accident claim or have questions about damages, please don’t hesitate to contact our law firm. We can offer Personal Injury Recovery SolutionsⓇ for you. Call us 24/7 at (212) 668-6000 to schedule your initial free consultation today.

Don’t wonder about your rights!

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