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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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After a deeply distressing event like a New York car accident, you may feel overwhelmed and vulnerable. Agonizing over whether it was your fault can multiply your stress.

At Hill & Moin, our heart goes out to auto accident victims. Our compassionate lawyers advocate for the injured, pursuing extraordinary results for our clients.

While no-fault auto insurance relieves some of the anxiety of determining fault, relief can also come with accurate knowledge. Our law firm is sharing this information to demystify New York no-fault coverage and explain how your no-fault insurance policy could impact your car accident claim.

No-Fault Coverage: What You Need to Know

Since New York is a “no-fault state,” no-fault insurance is required to register vehicles and purchase license plates. Your plan must include the following minimum coverage.

Personal injury protection

Personal injury protection (PIP) policies provide coverage for medical expenses and lost wages. Besides yourself, PIP pays for medical treatment for your passengers and pedestrians injured by your car.

Liability insurance coverage

Auto liability insurance coverage protects drivers if they are found legally responsible for causing an accident.

Some common types of liability coverage are:

• Bodily injury liability: Medical expenses associated with injuries sustained in an accident caused by the insured driver
• Property damage liability: Repair or replacement costs for damaged property and the other vehicle involved in the accident
• Comprehensive (optional in New York): Pays for property damage and vehicle repair or replacement needed due to collisions, theft, vandalism, fire, or other natural disasters

Auto liability insurance has a maximum payment amount called a policy limit. Drivers must carry adequate liability coverage to protect their assets and comply with the legal requirements set by New York State.

Uninsured vehicle coverage

In 2022, uninsured motorists composed about 14 percent of all drivers in New York. Without the protection of uninsured motorist insurance (UM) coverage, you would have to pay your medical bills and vehicle damages out of pocket if you were hit by an uninsured vehicle. UM covers injury-related costs for you and your passengers up to your policy’s limits.

Uninsured motorist coverage can also extend to underinsured motorists, which can help cover the gap between the at-fault driver’s insurance limits and the actual costs of your damages.

Such coverage is especially valuable in areas where many drivers may be uninsured or underinsured. While uninsured motorist coverage is optional in some states, New York law requires that all registered drivers carry it.

No-fault insurance protection

No-fault insurance coverage applies regardless of who was at fault in a car accident. Under your basic no-fault policy, you could qualify to receive funds for economic losses as well as:

• Reimbursement for accident-related medical bills and rehabilitation costs for bodily injury
• Lost earnings (minus offsets for New York State disability, workers’ compensation, or federal Social Security benefit payments) for up to a few years after the date of the accident
• An amount of money per day for transportation to and from medical providers and household help (e.g. childcare, household help, lawn care services) for a limited time after the accident
• Money payable to the estate of a person killed in a motor vehicle accident

To claim expenses related to your no-fault accident, you must prove these are “reasonable and necessary.” An attorney can help you provide reasonable justification for your claims to increase the likelihood of their acceptance by the insurance company.

In states where PIP is not required, you can often buy it as additional coverage. Each insurance company offers different no-fault benefits, so you should check your policy to see if rehabilitation, childcare, or funeral expenses are covered.

The personal injury protection required in New York and other “no-fault” states can speed up the claims process and avoid personal injury claims for minor injuries. In addition to no-fault coverage, another type of insurance policy may protect you if you get into a car accident in New York State.

Exploring Health Insurance Coverage and Other Benefits

If you have a serious injury, the cost of treatment might quickly exceed the amount covered under your no-fault policy. To prevent economic losses, you can explore your other options.

Optional PIP coverage

You can buy more than the coverage required in a no-fault state. Insurers are often required to offer extra PIP coverage, and if so, policyholders must sign a document to reject it. If the insurance company does not receive your waiver, they could charge additional fees.

Did you know you could be eligible for coverage under your family members’ insurance policies? A personal injury attorney can help you decode the fine print to determine whether you qualify to file a claim on the policy for the vehicle you occupied or a relative living in your household. If you were not at fault for the accident, the attorney can also contact the insurance company of the person at fault for the crash.

Standard health insurance coverage

In New York, as in many other states in the US, you must carry health insurance coverage. Standard health care coverage can protect you if no additional PIP benefits are available.

An attorney can help you contact your provider and follow the instructions for submitting a health coverage claim. You will need to provide proof of your injuries, including supporting documents like accident reports and doctor statements. Be sure to keep copies of all communication with the insurance agent for your records.

Federal Social Security disability

What if your serious injuries result in a long-term disability? Collecting federal Social Security disability benefits could alleviate your financial burdens.

The Social Security Administration (SSA) will evaluate your claim based on their criteria, including the severity and duration of your impairments and how these impact your ability to earn a living. A person may be eligible for disability payments and Social Security Income (SSI) simultaneously.

Besides monthly pay, your benefits could include Medicare, a federal health care coverage program.

Medicare insurance covers:

• Hospital stays
• Doctor’s appointments
• Prescription drugs
• Preventive services like health screenings, behavioral counseling, and annual wellness visits

Seek assistance from a qualified attorney experienced in Social Security disability claims to navigate the process effectively and increase your chances of approval. Though the aftermath of auto accidents can be overwhelming, professional assistance can help you take advantage of your benefits while you recover from your serious injury.

Deciding When You Need to File a Personal Injury Lawsuit

While a no-fault claim is designed to streamline the claims process and provide quicker reimbursement for medical expenses, it may only cover some of your losses. You might need to consider filing a personal injury lawsuit against the at-fault driver.

However, you can only file a third-party lawsuit under certain circumstances, such as when:

• Your serious injury exceeds the threshold of severity defined by New York laws
• Your medical expenses surpass the specified limit
• You suffered significant pain and suffering
• You will have ongoing treatment for your accident-related injuries

By seeking the guidance of a skilled attorney experienced in handling personal injury cases in no-fault states, you can protect your rights and pursue the full extent of compensation available to you.

Before the statute of limitations ends

In New York, there is a time limitation, known as the statute of limitations, for filing claims related to motor vehicle accidents. Individuals involved in motor vehicle accidents must be aware of this time constraint and take prompt action if they intend to pursue a lawsuit. Failing to file a claim within the statute of limitations can result in the loss of the right to seek compensation for injuries or damages sustained in the accident.

Seeking legal advice from Hill & Moin and initiating the claims process promptly after a motor vehicle accident can ensure that you preserve the opportunity to see an excellent outcome for your car accident case.

Before accepting an insurance company settlement offer

A settlement offer might seem attractive at first glance. Yet, these offers could fail to cover the cost of your full recovery. Why not seek legal counsel before signing away your rights?

A car accident attorney can assess the real value of your claim. Then, he or she can communicate with the insurance company, negotiating based on the specifics of your case. At Hill & Moin, our lawyers advocate for car accident victims, pursuing fair and just compensation for your losses.

Aim for Maximum Compensation

Crashes can throw your life off track, but it does not have to remain that way forever. Consulting a law firm can help you avoid potential pitfalls and ensure that you fully understand your rights and options before making any decisions that could impact your legal claim.

At Hill & Moin, we offer risk-free consultations so car accident victims can understand their insurance coverage and take full advantage of their no-fault benefits. Call (212) 668-6000 to schedule your free appointment and learn about your Personal Injury Recovery SolutionsⓇ. 

Don’t wonder about your rights!

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For many, Friday evening is the most anticipated time of the week, especially in a bustling city such as New York with so much to offer and experience. To kickstart his weekend, S. Calukovic had rented a moped through a popular ride-share service. He was on his moped lawfully heading straight through an intersection when suddenly, a distracted driver making an illegal U-turn smashed into him causing a severe collision.

Stunned by the impact, S. Calukovic returned home but it was not long before the gravity of his injuries became unavoidably clear. He urgently sought medical care, where his treatment team immediately confirmed that he had fractured ribs and sustained soft tissue injuries to his neck and back.

Feeling helpless, S. Calukovic began to browse the web for solutions when a providential Google search brought him to Hill & Moin. When surveyed, he reflected on his “fantastic” 5-star experience working with Attorney Eric Wittels. S. Calukovic went on to admire the clarity and ease of communications, noting that events and details during his case were always brought to his attention concisely and consistently.

Ready to move on, S. Calukovic looks forward to building his savings and investing in his financial future.

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A.O. was a passenger who was injured in a motor vehicle accident that had occurred on a highway exit. She suffered injuries to her shoulders and left knee and was transported by ambulance to a nearby hospital for immediate treatment. As a result of her injuries, A.O. underwent surgery and months of physical therapy.

A.O. had spoken with a former client of Hill & Moin who recommended that she contact their office. She called Hill & Moin, conducted an intake and set up an appointment for her to come to their office and meet with the partners. The attorneys explained the legal process, answered her questions, and began working tirelessly on her case to achieve the best possible resolution. Their hard work paid off and A.O.’s case was settled for $350,000.

When A.O. was informed of the news, she was elated and could not wait to pick up her settlement check. She thanked Hill & Moin for their excellent representation on her case. A.O. was very pleased with the professional services of Hill & Moin and commended their communication as fast and extremely responsive. A.O. plans to use her settlement proceeds to purchase a home or invest in her children’s future.

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In a big city like New York, the benefits of riding a bicycle to get around town are plentiful. Unfortunately, the risks are also abundant. On a clear evening, N.C.’s husband was riding his bicycle, lawfully following road signs and signals. During his ride he approached an intersection, where the traffic signal was green for his lane. Traffic seemed to be ebbing and flowing as usual, he had no reason to believe everything was about to change.

As N.C.’s husband crossed, he was blindsided by a tow truck which had attempted to make an illegal turn and plowed directly into this father of 5 young children. Although he was raced to the hospital, tragically, he succumbed to his injuries.

Devastated by their loss, N.C. knew that her husband deserved justice. It was then that she made the decision to speak with Hill & Moin to weigh her options. Working closely with them through such a difficult time, N.C. was thankful for Hill & Moin’s sincerity and kindness as they zealously worked to collect a settlement of the full insurance policy for her family’s deep loss.

She commended Hill & Moin’s staff for their straightforward and steady communication, from beginning to end. Turning to the future, N.C. plans to return to her home country where she will build a home for her family.

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Electric vehicles are changing the face of motoring in New York City. Despite its reputation as one of the best cities in the country for walking and public transportation, 83 percent of transportation emissions in NYC still come from private vehicles. The City has so far transitioned about 67 percent of its fleet to alternative fuels and is installing more public charging stations to help NYC residents make the transition to battery electric vehicles (BEVs).

While these statistics show the progress New York City is making toward a greener future, electric vehicles also pose safety risks. They weigh far more than gasoline vehicles, run quieter, and present different risks when involved in serious accidents.

This article will examine how safe electric vehicles are and some issues that may be of concern. We will also explore the potential injuries they can cause and what you should do if you are involved in an electric vehicle accident.

Electrical Vehicle Safety Advantages

Before discussing the dangers of electric vehicles, it is important to acknowledge that these are required to meet the same safety standards and to undergo testing – just like conventional cars before they can hit the road.

Electrical vehicles also often have additional safety features that may not be present in traditional vehicles. For example, many electric models now include automatic emergency braking, lane departure warnings, and features to shut off power if a collision or short circuit is detected.

In addition, electrical vehicles may have a lower center of gravity due to the central positioning of the battery packs. This can improve their stability and make them less likely to roll over in the event of a crash.

Many electric vehicles have earned key safety awards. In 2024, the Insurance Institute for Highway Safety (IIHS) awarded 3 electric makes its highest honor, the Top Safety Pick+ award. Its rigorous testing assesses vehicles’ safety performance in frontal and side-impact crash tests.

Potential Dangers in Electric Vehicles

Although electric cars are generally as safe as – if not safer than – regular vehicles, they do pose some unique challenges.

Fires

The good news is that although electric vehicles have been involved in recalls due to fire risks, a study has shown they are less likely to catch fire than hybrid or regular gas-powered vehicles.

Analysis of data from the National Transportation Safety Board (NTSB) showed electric vehicles were involved in just 25 fires per 100,000 vehicles. By contrast, gas-powered cars were involved in about 1,530, while hybrid cars had 3,475 fires per 100,000 vehicles.

That said, the NTSB has highlighted a group of people who are particularly at risk from lithium-ion battery fires – first responders. The potential dangers include:

• Electric shock from exposed high-voltage components
• Uncontrolled temperature and pressure increases that can cause thermal runaway, leading to fires
• Residual energy in the damaged battery, which can cause it to reignite

If you are involved in an electric vehicle collision, first turn the vehicle off – safely. Avoid touching the high-voltage batteries, cables, and other components; many manufacturers use bright orange cables to make these easier to spot.

Let first responders know that this is an electric vehicle. This can help them to keep both you and themselves safe as they assist you.

Acceleration risks

Typically, electric cars have lower top speeds than regular cars. However, they can reach top speed much more quickly. A recent study by Cambridge Mobile Telematics (CMT) found that the acceleration risks posed by electric vehicles are 180 percent to 340 percent higher than with traditional vehicles.

More rapid acceleration may reduce the time electric car drivers have to react to hazards, including pedestrians, cyclists, and other road vehicles. Drivers who are unfamiliar with driving electric cars may not realize this crucial difference, causing them to accelerate too aggressively. The injuries caused by being struck by a fast-moving, heavy vehicle could be devastating.

Harder to exit in an emergency

Being in a car crash is bad enough, but being stuck in the vehicle and struggling to get out afterward is the stuff of nightmares. If the electric motors on the doors of your electric car shut down after an accident, you will need to use the emergency release functions to get out.

On some Teslas, the emergency release function is known to be tricky to find. For example, to open the Falcon wing doors on a Tesla Model X, you need to remove the speaker grill on the door and then pull the release cable down and towards the front of the car. Try doing that after sustaining a serious injury! Even worse, the rear doors on a Model 3 have no emergency release function.

Silent operation

A benefit of electric cars over conventional vehicles is the low level of noise pollution they generate. However, their almost silent operation can pose a danger to pedestrians, who can’t rely on hearing an electric vehicle coming before making a decision to step out into the road.

Both electric car drivers and pedestrians need to be extremely vigilant to prevent accidents, even at low speeds where wind resistance and tires create less noise. Congress now requires electric and hybrid vehicle manufacturers to add sounds to electric and hybrid vehicles when traveling at speeds of up to 18.6 miles per hour to protect pedestrians, cyclists, and blind people.

Heavier vehicles

Electric vehicles are significantly heavier than their conventional equivalents. For example, GMC’s Hummer EV weighs about 3,000 pounds more than the equivalent full-size pickup. Its full battery pack alone weighs nearly as much as a regular Toyota Corolla sedan. Meanwhile, Ford’s F-150 Lightning pickup is over 2,000 pounds heavier than the gas-powered model.

The laws of physics dictate that when two objects collide, the heavier of the two will do more damage to the other. As the electric vehicle may often be the heavier vehicle, the impact on other vehicles and pedestrians can be catastrophic.

Potential Injuries From Electric Vehicle Crashes

Electric vehicles can cause the same range of injuries as conventional vehicles, but there are a few added risks worth noting. Common auto accident injuries include:

•  Whiplash

•  Traumatic brain injuries (TBIs)

•  Broken bones

•  Cuts and bruises

•  Burns

If the battery packs in an electric vehicle catch fire, the results could be catastrophic. Burn injuries can be particularly serious, leading to the following complications:

•  Dehydration

•  Infections, including sepsis

•  Respiratory problems from inhaling smoke and chemical fumes

Burn injuries can have a long-term, even permanent, impact on your health and your ability to work. If you have been affected by burn injuries after an electric vehicle crash, it is essential to seek medical treatment and find out your rights to compensation. You may be able to pursue a settlement that could help you pay for your medical and living expenses resulting from your burn injuries.

What to Do After an Electric Vehicle Crash

Your first priority should be to seek medical attention. Even if you feel fine, always get yourself checked out by a doctor as soon as possible. Some injuries do not cause pain immediately but can have severe consequences down the line.

If you are able to do so safely, try to collect the following information at the scene of the collision:

•  Name and contact details of other drivers or pedestrians involved

•  Make, model, and license plate numbers of the vehicles involved

•  Details of eyewitnesses

•  Photographs of the scene

Call the police and cooperate with them at the scene. Then, as soon as possible, talk to an experienced New York City vehicle accident attorney; do this even before you talk to the insurance company. Your attorney will be able to advise you on your legal rights and help you avoid potential pitfalls.

Let Hill & Moin LLP Fight for Your Rights

Electric vehicles may be the future, but if you have been injured by one, we understand that you need justice right now. The vehicle accident lawyers at Hill & Moin have over 50 years of experience in successfully fighting car accident cases and winning settlements that have changed our clients’ lives.

At your free case evaluation, one or more of Hill & Moin’s lawyers will carefully review your case and explain your legal options. If we take on your case, we will look closely at the impact of your injuries and how they may affect you in the future so we can pursue fair compensation on your behalf. We want you to feel like we are the lawyers in your family, fighting for justice so you can rebuild your life.

Are you ready to learn about our Personal Injury Recovery SolutionsⓇ? Schedule a free case evaluation with a compassionate vehicle accident lawyer by calling (212) 668-6000 or filling out our online form today.

Don’t wonder about your rights!

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On a brisk afternoon, S.Y. was wrapping up a day spent at the park exercising with his dogs. Tired and ready to return home, he loaded them into his vehicle, and they set out. As S.Y. navigated toward their destination, he came up to an intersection controlled by a traffic signal. Traveling straight with the green light, he proceeded to enter. At that moment, a vehicle making an illegal turn through a red arrow forcefully collided with S.Y.’s car resulting in a heavy front-end impact. Although S.Y.’s air bag deployed, he was jostled from the force of the accident and felt instant pain in his knee, neck, and back. With his vehicle totaled and immobile in the center of the intersection, he exited his car to assess the damage. Dazed and still in shock, he returned to the driver’s seat of his vehicle to call the police. As he leaned over to comfort his anxious dogs, S.Y. was almost immediately and once again rocked by the force of another impact. Incredibly, his vehicle had now been hit by a second driver within seconds of his re-entry, moments after being initially struck by the first. Already in pain from the first accident, S.Y. suffered further injuries to his neck, back, and knee while also smashing his head into a window and damaging his elbow. With layers of injuries, S.Y. was rushed to the hospital. Upon understanding what had happened to him, S.Y. was determined to make things right, which was why he made the choice to put his trust into the well-established personal injury firm. Hill & Moin LLP. Reflecting on his time working with them, S.Y. praised the attorneys and staff for their steady commitment to working towards securing a resolution. Through a balance of strategy and persistence, Hill & Moin netted S.Y. a $340,000 settlement award for his traumatic event. Lucky to be alive, S.Y. is spending his days appreciating his family and his dogs, saving his settlement for the road of life’s next unexpected bump.

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Defensive driving is a valuable tool which should be utilized as often as one can. Unfortunately, even the best defensive drivers cannot prevent certain situations. Late afternoon one frigid winter morning, S.K. was peacefully driving straight along a busy city street. In the blink of an eye, he found himself desperately attempting to avoid a disastrous impending collision. The driver of the oncoming vehicle approaching his own had become distracted by loose objects that had dislodged on the dashboard, causing the vehicle to drift into S.K.’s lane and hit him head-on. Quickly transported to the hospital for extensive head injuries and fractures in his hand, S.K. was in great pain. He began to wonder if there was anything he could do and who he could reach out to for help. Referred to Hill & Moin by a close and trusted friend, it was then that he knew where to start. Looking back, S.K. raved that Attorney Eric Wittels was “phenomenal” to work with noting his professionalism, reliability, and patience as primary factors. Never left hanging, S.K. always found himself feeling reassured by the regular updates and ease of communication from staff through every step of his case. With a tenacious and carefully crafted approach, the attorneys at Hill & Moin procured a respectable settlement of $225,000. Grateful to have made it through his traumatic ordeal and newly aided with his settlement, S.K. intends to set his sights on the housing market to invest in owning a home.

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Emotions can run high after a car accident. It is easy to make mistakes during this stressful and confusing time. Some errors make little impact, but the aftermath of others can be devastating.

Avoiding costly missteps and making wise legal decisions is possible, especially with an experienced legal team on your side. At Hill & Moin, our lawyers treat our clients like family and work hard to secure the best outcome possible for every case.

The information below will help you to identify and steer clear of some of the most common mistakes that car accident victims make. Every case is different; whether it’s a rollover accident, a collision caused by a drunk driver, a failure-to-yield crash, a T-bone accident, or just a fender-bender, contacting personal injury lawyers can ensure you understand your legal options. Schedule your free consultation with us by calling (212) 668-6000 as soon as possible. 

Not Calling Traffic Authorities

The accident’s severity determines whether or not state law obligates you to get the police involved. For instance, under New York law, you must wait at the accident scene until police arrive or file an accident report within 10 days if:

• Someone is injured
• Someone dies
• The property damage exceeds $1000
• You cannot contact the owner of an injured domestic animal

Therefore, calling the New York police is not legally required for minor accidents with property damage amounting to less than $1000. You could exchange names and contact information.

Yet, there are good reasons to consider contacting a police officer for your car crash.

Here are some reasons why you should contact the police:

• Rules vary by state. You must check locally to learn your legal requirements after a motor vehicle crash.
• When police respond to an accident, they make an accident report. This official record can be invaluable evidence for your personal injury claim.
• Symptoms of car accident injuries, especially whiplash, can appear days after the accident. The following section will discuss why you should seek medical treatment as soon after an auto accident as possible.
• A law officer can help you exchange information and verify the other involved driver’s license, insurance, and registration. He or she can also help you collect evidence, perhaps even noticing details you would have missed.
• Drivers sometimes change their account of events. A police report can establish essential facts of your case. You may find it valuable if the other driver tries to manipulate the truth or you lose accident documents. Remember, though, that anything you say can also be recorded and used against you in court.

Call the police if you suspect the other driver was at least partially responsible for the accident or committed a traffic violation. If you are unsure, you can contact our law firm at any time of day or night.

Failing to Seek Medical Attention

You should call for emergency medical care if anyone is seriously injured in a car accident. However, is getting immediate medical attention necessary if you seem fine? Yes, getting checked by a doctor is crucial, even if you do not think you are injured.

Some injuries like those discussed below may not show immediate symptoms:

• Back injuries
• Soft tissue injuries
• Internal bleeding
• Concussions
• Whiplash

By getting a professional medical opinion, you can ensure that hidden injuries are identified and treated early on, preventing potential complications in the future. Additionally, seeking medical treatment after a car accident is essential for personal injury claims.

Doctor statements play a significant role in these claims, providing documented evidence of your injuries and their severity. These statements can be used to support your case and help you receive the compensation you deserve for medical bills, lost wages, and other damages resulting from the accident.

Assuming Fault for Car Accidents

Who is liable for the damages of a car accident? Even if the answer seems obvious, you should never assume.

Sometimes, drivers admit fault at first but change their minds later. In other cases, innocent drivers unknowingly take the blame, though the accident was not their fault. It is better to avoid admitting fault and let a professional investigate.

Identifying the at-fault driver in a car accident is a challenging and intricate task. Car accident claims must do more than point out the at-fault party. Conflicting accounts from the drivers and witnesses can further complicate the process of assigning blame.

A legal claim must also include solid evidence that proves that the other party is responsible for the damage. Determining fault requires a thorough investigation of the accident scene.

To establish and prove fault, an experienced car accident attorney will gather proof, such as:

• Witness statements
• Photographs and videos
• Police reports
• Traffic laws
• Evidence of weather conditions

Assuming fault is one of the gravest mistakes that can significantly impact the outcome of your car accident claim. Identifying the at-fault driver in a car accident is complex since this requires considering multiple factors and gathering convincing evidence.

Since insurance companies know that admitting fault is a vital issue, you should steer clear of hurting your car accident case. Consider the following actions you should avoid.

Apologizing

You may wonder, what is wrong with saying you are sorry after an auto accident? After all, your apology could be referring to the unfortunate circumstance or that another party suffered injuries.

Unfortunately, innocent remarks might be misinterpreted as accepting blame, which could be used against you by a court or insurance company.

Posting about car accidents on social media

Sharing details about your car accident or injuries on social media can have grave consequences for your insurance claim and legal case. Insurance companies are known for gathering evidence found online.

An insurance company can collect insurance information from comments, photographs, and videos found online to cast doubt on the severity of injuries. It might also claim that something posted on your account constitutes admitting fault.

Prioritize your well-being. If you want to record your experience, keep a private journal of your pain and suffering. Share the contents only with your car accident attorney.

Accepting a Settlement From an Insurance Company

A quick settlement might not be a fair settlement. Insurance companies want to make money. The less they spend on an accident claim, the more money they save.

Therefore, you cannot presume that an insurance company has your best interest at heart. So get a car accident attorney to review the insurance policies of all involved drivers, negotiate with insurance companies, and determine whether a settlement offer represents fair compensation for your case.

You might regret signing away your legal rights since you cannot seek additional compensation later. A small settlement could be insufficient for your medical bills for follow-up treatment.

Get Help From a Car Accident Attorney Without Delay

Failing to gather evidence of the significant aspects of an auto accident can invalidate an insurance policy and halt the legal process. Likewise, dealing with an insurance company without proper counsel can lead to an unjust settlement offer, a delayed payout, or even a rejected claim.

Why let a common mistake negatively impact your future? We can offer you Personal Injury Recovery SolutionsⓇ to resolve issues with your car accident case – sometimes before they start. If you have serious injuries or substantial vehicle damage, don’t hesitate to get in touch with our legal team right away.

An experienced attorney can answer your questions and guide you through the complex legal system. Take advantage of our free consultation service by calling (212) 668-6000 or filling out a contact form now. Our phone lines are open all day, all night, 365 days a year. Call now. 

Don’t wonder about your rights!

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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.

 

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