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Suffering an injury is difficult enough – when that harm occurs on public property or through the actions of a government agency, the path to justice can feel daunting. Whether you slipped in a city park, got hit by a municipal vehicle, or were hurt by unsafe conditions in public housing, you may have the right to seek compensation.

In New York, claims against government entities are governed by rules that differ sharply from lawsuits involving private parties. Missing a single deadline can permanently bar you from recovering damages.

Don’t struggle with decoding the deadlines and statutes on your own. Seek advice from Hill & Moin LLP – schedule a free consultation today. 

Understanding Personal Injury Claims Against the Government

Unlike a personal injury claim, claims against a government entity in New York State involve special rules that are influenced by the principle of sovereign immunity. 

Sovereign immunity is the legal doctrine that can shield government employees and agencies from lawsuits unless the law requires otherwise.

Who Can Be Held Accountable?

In New York, you may be able to pursue a claim against:

• Local government bodies like towns or counties: New York Municipal Law §§ 50-E and 50-I prescribe the framework for most cities, towns, counties, and local public corporations. They require a formal notice of claim and compliance with a separate filing mechanism before any lawsuit can proceed against municipal bodies.
• Specific city agencies, such as sanitation, parks, or housing: State agencies and departments fall under the exclusive jurisdiction of the New York State Court of Claims, which is established by the Court of Claims Act. These provisions waive the state’s immunity for certain torts but mandate that all claims be presented and litigated in that specialized tribunal under its own procedural rules.
• Public authorities like the York City Transit Authority, York City Housing Authority, and Metropolitan Transportation Authority: Public authorities such as the Metropolitan Transportation Authority are governed by the Public Authorities Law. This statute incorporates unique notice provisions, internal review procedures, and administrative hearing rights that differ from municipal and state processes.
• Individual government employees acting within their roles: Government employees, such as police officers, sanitation workers, transit operators, and housing inspectors, can also be named in a claim when their negligent acts occur squarely within the scope of their employment.

Time Limits for Filing a Claim

Before any personal injury lawsuit against the state, a local government, or a government agency can move forward, New York law may require that you serve a notice of claim. This notice is a written document that:

• Alerts the city agency or public authorities about your injury and intent to file a claim
• States when, where, and how the claim arose
• The name of the negligent party that you believe is legally responsible

In this notice, you should include as much detail as possible:

• Facts about the accident 
• Names of witnesses or anyone who saw the wrongful acts
• Supporting medical records for injuries and medical expenses
• Documentation of lost wages or property damage

Errors in this stage can jeopardize your civil lawsuit.

Service must usually be done by personal delivery or certified mail to the correct office. Sending it to the wrong place or leaving out required information can harm your case.

The time limits for filing a claim against a government entity in New York are far shorter than many expect. These legal deadlines cover both the period for serving the notice of claim and the window for starting the personal injury lawsuit in court – set by the statute of limitations.

Avoid making mistakes that jeopardize your case by getting experienced attorneys involved. Get started on the right track with one phone call.

Inside the New York City Claims Process

Once your notice is filed, the claims process begins. The city may schedule a hearing to ask questions about the incident. They may request additional documentation, such as medical expenses or proof of lost wages.

During this time, the city agency involved will decide whether to offer a settlement. If they do, you can choose to accept it or continue with a civil lawsuit. If they deny the claim, you’ll need to file in court to pursue compensation.

This process can be confusing, especially if you’re dealing with injuries, medical bills, and emotional stress. That’s why Hill & Moin LLP offers a free consultation to help you understand your rights and options.

Negligence Claims: Proving Responsibility

To win a negligence claim against a government agency, you must show:

1. The government entity owed you a duty of care
2. They breached that duty through wrongful acts or by failing to act
3. This negligence caused your injury
4. You suffered damages – like medical expenses, lost wages, or property damage

For example, if the New York City Housing Authority ignores broken railings and a family member falls, the agency could be legally responsible. A skilled wrongful death attorney can also bring cases where negligence caused loss of life.

Gathering Evidence for Your Claim

Evidence strengthens your personal injury lawsuit. Potential evidence you should collect includes:

• Photos of unsafe public property or public parks
• Statements from witnesses
• Medical records showing treatment and costs
• Proof of lost wages and other compensation you’re entitled to

Share this with your lawyer so he or she can present a strong case on your behalf.

Settlement and Negotiation

Not every claim ends in a trial. Many are resolved through settlement and negotiation. The government entity may offer compensation to avoid going to court.

Negotiating a fair settlement takes skill and experience. We’ll fight for the compensation you deserve and make sure your rights are protected.

If your case goes to trial, the court will hear arguments from both sides and make a decision. If the outcome isn’t favorable, you may be able to file an appeal. 

Post-trial procedures can include motions, hearings, and additional steps to resolve the case. These processes can be complex, but our team will prioritize your safety and recovery the entire way.

Why the Statute of Limitations Is So Important

The statute of limitations is the legal clock that governs how long you have to act. It starts ticking from the moment your claim arose and applies to the service of your notice of claim as well.

Miss that window, and the court will almost always dismiss your civil lawsuit, even if your injuries and losses are undeniable. That’s why injury victims – whether dealing with the City of New York, a local government, or public authorities like the Transit Authority – must move quickly and deliberately.

Understanding the time limits and ensuring each action is taken in a timely manner is the core of protecting your right to seek compensation.

The Value of Experienced Legal Help

The claims process for the City of New York or any New York State entity is full of technical requirements. If even one is missed – wrong delivery method, incomplete notice, mistaken identification of the government entity – the entire personal injury claim can collapse. That’s where Hill & Moin LLP steps in. 

Our lawyers have helped countless injury victims and grieving families through:

• Wrongful death cases involving government employees’ negligence
• Negligence claims for unsafe public property or public parks
• Civil lawsuits after serious car accidents or transit incidents
• Complex claims against the New York City Housing Authority, the New York City Transit Authority, and the Metropolitan Transportation Authority

We know how to file a claim correctly, anticipate defenses like sovereign immunity, and ensure your legal action is never barred by the statute of limitations.

Your Next Step

If you or a family member has been hurt and you believe a government agency is legally responsible, you don’t have time to guess your way through the process. You need clear guidance, thorough preparation, and a team that sees you as more than just a claim number provided in a file.

At Hill & Moin LLP, we treat every client as a person first, not a file number. Our team of experienced lawyers, including seasoned personal injury attorneys, will listen to your story, answer your questions in plain language, and map out a customized strategy. 

Don’t hesitate to call us today. Hill & Moin offers free consultations so you can understand your rights without any obligation. In that meeting, you can:

• Review your situation with an experienced lawyer who knows how New York State’s sovereign immunity and public authority exceptions work
• Learn how the claims process applies to your case, from notice of claim through a potential civil lawsuit in court
• Understand the statute of limitations for your specific type of personal injury lawsuit – whether a slip-and-fall in a public park or a car accident involving a government vehicle
• Get a detailed plan for filing your notice of claim and, if necessary, taking your case to court to pursue the full compensation you deserve

Protecting Your Rights Starts Now

If you or a family member has been hurt and you believe a government agency is legally responsible, you don’t have time to guess your way through the process. At Hill & Moin LLP, our commitment is simple: Your case and your future are always our priority. Our experienced lawyers guide clients through each stage of the claims process, protecting rights and pursuing fair results.

With Hill & Moin by your side, you can focus on healing while we focus on securing the compensation you deserve – whether through negotiation, settlement, or a full civil lawsuit in court. Contact us to schedule your free consultation without delay.

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A ceiling collapse or structural failure can turn an ordinary day into a life-altering disaster. Ceiling collapses are frightening events that often result in severe injuries and even fatalities. 

Victims and their families may be left facing significant physical, emotional, and financial burdens. Whether the collapse was caused by poor construction, inadequate maintenance, or hidden structural defects, you have the legal right to seek compensation. 

At Hill & Moin LLP, we have decades of experience in handling personal injury cases, including those involving construction accidents and premises liability. If you have been harmed in a building collapse, you deserve a law firm that prioritizes your safety and recovery. Contact us to schedule a free consultation today to learn more about your legal rights and options. 

Ceiling Collapses Can Happen in Different Types of Buildings

Ceiling or building structure collapses can occur almost anywhere, including:

• Commercial buildings: This can include offices, restaurants, retail stores, or hotels

• Residential homes or apartments: Poor maintenance or substandard construction are common causes in these locations

• Public spaces: This includes schools, gyms, theaters, or community centers

• Construction sites: Incomplete structures, scaffolding, or temporary ceilings may fail due to negligence

• Parking garages and warehouses: Heavy loads, vibrations, or weather damage can weaken structural integrity

Common Causes of Structural Failures

The following are some common causes of ceiling collapses:

• Neglected water leaks: Water damage from a leaky roof or pipe can cause a ceiling to rot. Water can slowly weaken roofs and ceilings, leading to a collapse.

• Poor construction: Weak support beams, improper installation, or the use of inferior materials can affect the structural integrity of a building and increase the risk of a ceiling collapse. 

• Overloaded structures: Too much weight on the roof from objects like storage, racks, furniture, or people can cause a collapsed ceiling. 

• Neglected inspections: Property owners may fail to regularly assess a building for wear, damage, or compliance with safety codes. 

• Improper renovations: Removing load-bearing walls or altering structures without proper engineering can result in a ceiling collapse.

• Heavy snow: The weight after a snowstorm can cause a ceiling collapse. This may be especially true in older buildings that haven’t been renovated to modern safety standards.

• Age of the building: This is especially a problem in New York City, where some of the oldest buildings in the country are still in use. Older buildings are more susceptible to collapse due to corrosion and wear and tear. 

• Improperly installed HVAC units: Roof-mounted HVAC units can be very heavy. If they are improperly installed, it can lead to a ceiling collapse. 

• Termites: These pests can move in and eat away at load-bearing and supporting beams. Without regular inspections and exterminators, a pest problem can eventually lead to a structural collapse. 

A Ceiling Collapse Can Cause Severe Injuries

When a ceiling collapses on someone, it can cause a wide range of injuries, depending on the circumstances. 

Common injuries from a collapsed ceiling include:

• Fractures
• Torn or injured rotator cuffs
• Back injuries
• Severe lacerations
• Joint trauma
• Respiratory injuries
• Spinal cord injuries
• Traumatic brain injuries

Some injuries may require long-term healthcare and rehabilitation, making it vital to pursue full and fair compensation. If you have sustained a serious injury in a building collapse, don’t hesitate to contact our law firm today. 

Who Is Liable for a Ceiling Collapse Accident?

Determining liability is one of the most important parts of any personal injury case. In ceiling collapse cases, multiple parties may share liability depending on the circumstances. 

Property owners

Owners have a legal obligation to keep their buildings safe for occupants and visitors. 

Reasons a property owner could be held liable for a ceiling collapse include:

• Failing to repair a known hazard
• Ignoring building code violations
• Allowing unsafe conditions to develop

As an example, an apartment landlord repeatedly ignores complaints about water leaking from the roof. Months later, the ceiling collapses due to rot, injuring a tenant.

Landlords and property managers

In rental properties, landlords and management companies must maintain the premises. 

Reasons a building manager could be held responsible for injuries include:

• Delaying necessary repairs
• Failing to inspect the building
• Hiring unqualified workers

For example, a hotel’s ceiling collapses in the lobby because management never repaired storm damage from the year prior.

Engineers and architects

Design professionals can be held accountable if the collapse results from flawed plans or structural calculations. For example, an architect designs a rooftop deck without accounting for snow load, causing the roof to fail during winter. 

Contractors and construction companies

Builders or contractors may be liable if the collapse stems from:

• Faulty materials
• Code violations
• Poor construction

As an example, a commercial building’s mezzanine collapses because the contractor used undersized steel beams that could not support the intended load. 

Maintenance and repair companies

If a ceiling collapse occurs shortly after maintenance work, the company hired to make repairs may be liable for using improper materials or performing substandard work. For example, a ceiling collapses after a repair company installs drywall without securing it properly to the joists. 

Manufacturers of defective building materials

If defective or substandard materials cause the failure, the product manufacturer or supplier may be responsible under product liability laws. This could be the case when concrete beams crack and crumble prematurely because they were made with an improper cement mix. 

It is complex to determine and establish liability in personal injury cases. Don’t risk your legal claim – get in touch with lawyers who will prioritize your safety and recovery by establishing the facts.

Legal Elements Needed to Establish Negligence in Premises Liability Cases

In order for your claim to be successful, you will need to establish certain legal elements. Our legal team knows how to build solid premises liability cases for our clients.

A skilled premises liability attorney from our law firm will work to prove the following:

• Duty of care: The property owner, manager, or other liable party owed you a duty of care.

• Breach of duty: The liable party breached that duty by failing to maintain the premises in a reasonably safe condition or warn you of known hazards. 

• Foreseeability: The hazardous property condition was foreseeable. Which means that a reasonable person would have anticipated the risk of harm and taken steps to prevent it. 

• Causation: The breach of duty was the direct cause of your injuries. Your lawyer will need to establish that the dangerous condition on the property was a factor in why you were harmed.

• Notice: The property owner had actual or constructive notice of the property hazard. Actual notice means he or she was aware of the dangerous condition. Constructive notice means they should have known about it through reasonable inspection and maintenance procedures.

• Damages: Your premises liability lawyer will also need to establish that you suffered compensable damages as a result of the dangerous property condition. This could include medical expenses, lost income, and more. 

What to Do After a Ceiling or Building Collapse

If you have been harmed in a ceiling collapse, taking immediate action can help protect your health and legal rights. 

1. Seek medical attention immediately

Your health is your top priority. Even if injuries seem minor, symptoms for some injuries, like concussions or internal organ damage, may not appear till later. 

2. Call 911

Contact emergency services and report the incident. Local authorities will need to secure and inspect the area. 

3. Document the scene

If possible, document the scene yourself or, if you are incapacitated, ask someone you trust to do so on your behalf:

• Take photos or videos from multiple angles
• Capture any visible hazards, such as broken beams or water damage
• Collect contact information from any witnesses
• Get recorded statements from eyewitnesses if possible

4. Notify the property owner or manager in writing

Provide formal notice of the incident. However, avoid making recorded statements or signing documents without legal advice.

5. Contact a personal injury lawyer

An experienced personal injury attorney can handle every aspect of your premises liability claim by:

• Investigating the incident
• Collecting evidence
• Communicating with the insurance company
• Handling negotiations
• Ensuring you receive maximum compensation for your losses

 

We at Hill & Moin LLP are known for our empathetic care of clients and our ability to maximize claims to ensure that each victim’s needs can be met. You can contact us anytime, day or night, to speak to a compassionate representative.

Evidence Used to Establish Fault in Ceiling Accident Cases

A successful claim depends on well-preserved, compelling evidence that links the collapse to negligence. 

The following are some types of evidence our lawyers use in ceiling accident claims: 

• Maintenance records: Our legal team will collect evidence of ignored maintenance requests or delayed repairs

• Inspection report: We will collect logs showing whether the building was regularly inspected

• Photos or videos of the scene: If available, we will get documentation of visible leaks, cracks, or deterioration from before the building collapse 

• Witness testimony: Our attorneys will get testimony from people who saw the collapse, reported the hazard, or noticed warning signs

• Building code violations: We will find records of any lack of safety standards or building code violations that could have contributed to the accident

• Medical records: We will request documentation of your injuries, treatment, and prognosis to link your injuries directly to the incident

Compensation Available to Victims of Ceiling and Building Structure Accidents

The personal injury lawyers at Hill & Moin LLP are skilled at pursuing a fair settlement for our clients. Your recoverable damages after a ceiling collapse accident will depend on a number of different factors, such as the extent of your injuries and who is liable.

Economic damages

Economic damages cover the financial losses you’ve experienced from the ceiling collapse or building structure accident. 

This includes:

• Medical expenses: Costs for doctor’s visits, hospital stays, surgeries, medications, and future medical care

• Lost wages: Income you have missed out on because you couldn’t work while recovering

• Property damage: Money for personal belongings destroyed in the ceiling collapse

Non-economic damages

Non-economic damages address the more personal and emotional impacts of the ceiling collapse injury, including:

• Pain and suffering: Compensation for the pain you have endured as a result of the accident

• Emotional distress: Damages for anxiety, depression, post-traumatic stress disorder, or other mental health issues since the accident

• Loss of enjoyment of life: If your injury has affected your ability to participate in hobbies or other activities you once enjoyed, you can receive compensation for this loss

Injured in a New York Collapsed Ceiling Accident? Contact Our Law Firm Today

Have you or a loved one been injured due to a collapsing ceiling or building structure? If so, you shouldn’t have to shoulder the financial and emotional burden alone. By filing a personal injury claim, you can seek the compensation you deserve and help prevent similar accidents from harming others in the future. 

At Hill & Moin LLP, we have the resources and experience needed to investigate complex building collapse cases, consult structural experts, and hold negligent parties accountable.

Contact our law firm today for a free case evaluation. We care about our clients and work hard to help them recover fair compensation. When you choose us to represent you, it’s like having a “lawyer in the family.”

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In many personal injury cases, the accident victim faces questions from the opposing party’s insurance company. The insurer is looking for reasons to devalue or deny your claim. One question you may be asked is, “Do you have any pre-existing conditions?”

If you have an old injury, chronic illness, or prior medical issue, you may worry it will prevent you from receiving fair compensation. The truth is, a pre-existing medical condition does not automatically disqualify your personal injury claim. However, it can influence how your claim is handled and how much compensation you can recover. 

In this article, we’ll take a closer look at how pre-existing injuries affect personal injury claims. If you have been harmed in an accident caused by someone else’s negligence, don’t hesitate to reach out to Hill & Moin LLP today to schedule a free consultation. 

What Is a Pre-existing Condition?

Studies indicate that as many as 1 in 2 Americans could have pre-existing health conditions. A pre-existing condition is any injury, illness, or medical issue that existed prior to the accident in question. These conditions can be recent or long-standing, mild or severe. 

Examples include: 

• Previous fractures
• Chronic injuries like arthritis or asthma
• Old sports injuries
• Mental health disorders
• Degenerative conditions like herniated discs or osteoporosis

Why It Is Important to Disclose Prior Injuries

You may hesitate to reveal a prior health condition, worried that it will weaken your case. However, being open and honest with your lawyer about your pre-existing conditions is essential.

Failure to disclose your prior conditions could diminish your chances of a favorable settlement. If an insurance company discovers a past health problem that you didn’t mention, your entire claim could be jeopardized because of non-disclosure. 

Understanding the “Eggshell Plaintiff” Rule

One of the most important legal doctrines relevant to personal injury claims involving pre-existing conditions is known as the “eggshell plaintiff” rule. It dictates that defendants must take plaintiffs as they find them.

So if a defendant’s negligence worsened a pre-existing condition, he or she is still responsible for the harm caused. This is true even if the injured person was more vulnerable to an injury because of a pre-existing condition. 

In other words, having a pre-existing condition does not automatically prevent you from recovering damages. 

How Pre-Existing Conditions Complicate Personal Injury Claims

The law protects those with pre-existing conditions. These types of cases can be more challenging because:

• Insurance companies may dispute causation. Insurers might argue that your current symptoms are entirely from your old injury, not the recent accident. 

• Medical records become more critical. Your personal injury lawyer must show a clear “before and after” picture of your health to prove the accident worsened your condition. 
• Damages may be more difficult to quantify. It can be difficult to separate the effects of the pre-existing condition from the effects of the new injury without strong medical evidence.

Talk to Hill & Moin LLP to tell your story. Our empathetic lawyers will listen carefully so we are able to address your concerns about your potential legal claim.

Examples of Pre-existing Conditions Can Impact Personal Injury Claims

The following are a few scenarios of how a pre-existing condition could affect your personal injury claim. 

Aggravation of a back injury

Before the accident, you had mild back pain from a sports injury years ago. However, you managed it with trips to the chiropractor and over-the-counter medication. 

You are in a rear-end collision. Your injury causes severe, constant pain and requires physical therapy and possibly surgery. 

The insurance company may try to argue that your pain is from your old injury. However, medical records and expert testimony may show that the accident significantly worsened your condition, making you entitled to compensation.

Pre-existing arthritis

Before the accident, you had arthritis in your right knee, but you could walk and work normally. A slip-and-fall causes a fracture in the same knee. 

This new accident triggers swelling, reduced mobility, and long-term complications. The fracture is a new injury, and any increased pain or loss of mobility due to the arthritis worsening after the fall may be included in your damages. 

Emotional trauma

Before the accident, you experienced occasional anxiety but managed it without treatment. Then you are in a serious motorcycle crash. This triggers panic attacks, insomnia, and the need for therapy and medication. 

The accident clearly aggravated your mental health condition. Your lawyer can help you pursue damages for counseling costs, medication, and emotional distress. 

Evidence Used to Prove the Accident Worsened Your Condition

The goal of insurance adjusters is to save the company they work for as much money as possible. One tactic an adjuster may use is to claim your current symptoms are “just” part of your old injury. 

At Hill & Moin LLP, we are familiar with insurance company tactics used to deny personal injury claims. Our personal injury lawyers can present clear evidence showing a change in your condition after the accident – so don’t hesitate to get in touch today.

Types of evidence that may help include:

• Expert opinions from doctors: Your physician or an independent medical expert can testify that the accident aggravated your condition

• Medical records before and after the accident: Comparing records from before and after the accident can show a clear difference in symptoms, treatment needs, or test results

• Imaging and diagnostic tests: MRIs, CT scans, X-rays, and other studies can objectively demonstrate changes in your medical condition

• Treatment changes: Medical evidence that you now require more intensive treatment, such as surgery, physical therapy, or increased medication, can support your claim

• Witness testimony: Friends, family, or coworkers can describe changes in your mobility, work ability, or daily life after the accident

• Pain journals: Keeping a daily record of pain levels, limitations, and emotional effects can help demonstrate a worsening condition over time

Tips to Protect Your Claim If You Have a Pre-existing Condition

If you have a pre-existing condition and are pursuing compensation for new injuries, here are some practical steps to protect your legal rights:

• Seek medical attention immediately. Even if your symptoms initially seem mild, prompt treatment creates a medical record of your condition after the accident. 

• Be transparent with your doctors. Be open about your medical history and how symptoms have changed. Doctors can only document thoroughly if they know how you’re feeling.

• Avoid social media. Opposing defense parties could use your social media to prove that your pre-existing or new injuries aren’t as bad as you claim. 

• Maintain detailed records. Keep copies of your medical bills, prescriptions, time missed from work, and any other relevant documents. 

• Contact an experienced personal injury attorney. Choose a skilled attorney who has experience handling cases involving pre-existing conditions. 

How Our Personal Injury Lawyers Can Help

Our personal injury attorneys at Hill & Moin LLP understand that cases involving pre-existing conditions require a thoughtful and strategic approach. Our law firm has the skills, knowledge, and resources required to handle the legal issues that arise from these types of personal injury claims – contact us for free advice on your case. 

Here are some ways we will support you throughout the claims process:

• Protecting your medical privacy: Your lawyer can limit the insurance company’s access to your medical history so they can see only what is relevant to your case.

• Working with medical experts: Our attorneys often partner with doctors who can clearly explain how your condition changed after the accident. 

• Gather persuasive medical evidence: Your lawyer will compile medical records, imaging, and testimony to show that the accident aggravated your conditions.

• Countering insurance arguments: Adjusters may try to blame everything on your pre-existing injury. Your lawyer can present a strong defense based on facts and legal precedent. 

• Maximizing your compensation: A skilled personal injury attorney knows how to quantify both the aggravation of your old condition and any entirely new injuries. This ensures you are compensated for the full impact of your life. 

Damages You May Be Entitled to Receive

With the help of your lawyer proving that the accident aggravated your pre-existing condition, you may be eligible for compensation such as: 

• Medical expenses: Costs for emergency care, surgeries, follow-up visits, physical therapy, and medications related to the injury

• Lost wages: Income lost while you were recovering, plus potential future earnings if your ability to work has been affected

• Pain and suffering: Compensation for the physical pain and emotional distress caused by the accident’s impact on your life

• Loss of enjoyment of life: If your injury prevents you from engaging in hobbies, activities, or social events you enjoyed before

• Future medical costs: Projected expenses for ongoing treatment and rehabilitation

Don’t Let a Pre-existing Condition Stop You From Pursuing Compensation

Having a pre-existing condition should not stop you from seeking compensation. With the right personal injury lawyer by your side, you can still recover damages for harm caused by someone else’s negligence. 

Were you injured and concerned about how your medical history might affect your case? If so, our compassionate legal team is here to help. We can review your situation, gather the necessary evidence, and fight to make sure you get the compensation you deserve.

At Hill & Moin LLP, you’re not just another client to us. We truly care about the people we help. With our law firm on your side, it’s like “having a lawyer in the family.” Complete our contact form or call us at (212) 668-6000 to schedule a free consultation.

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New York City is home to millions of people – and their pets. While most dogs are friendly, dog bites and attacks can and do happen in NYC. Whether it’s a minor nip or a severe attack, knowing what to do immediately afterward is crucial for protecting your health and legal rights.

New York has specific laws governing dog owners’ liability. Properly documenting evidence can make the difference between a denied insurance claim and fair compensation for your losses.

At Hill & Moin LLP, we’re dedicated to helping dog bite victims get the compensation they deserve. In this blog, we will explain what steps to take to preserve evidence after a dog attack.

Get Immediate Medical Attention After a New York City Dog Bite

Your health always comes first. Dog bites carry a high risk of infection, scarring, and other complications.

Follow these essential steps:

• Call 911 if necessary. If the wound is deep, bleeding heavily, or the victim is a child or elderly person, call for emergency help immediately.

• Clean the wound. If possible, wash the dog bite gently with soap and water to reduce infection and risk.

• Seek professional care promptly. Even if the wound seems minor, visit a doctor or an urgent care clinic right away. Some dog bite injuries might not be immediately obvious.

• Follow all medical advice. Complete the full course of any prescribed medication, such as antibiotics or rabies vaccine.

• Keep copies of medical records. Request copies of all medical reports, hospital bills, prescriptions, and treatment plans. These are vital evidence of your dog bite injuries and medical treatment costs.

Identify the Dog and Its Owner

In New York City, the dog owner is typically liable for damages their dog causes. This is especially true if the owner knew or should have known the dog was dangerous. However, you must know who the owner is to file a personal injury claim.

If possible, request important information:

• Ask for the dog owner’s contact information. Politely ask for the dog owner’s name, address, and phone number. If they refuse, try to note where they live or follow up with neighbors in the area.

• Document the dog’s details. Write down the breed, color, size, and any unique markings. Take photos or videos of the dog if it’s safe to do so.

• Request vaccination records. Ask if the dog is up to date on rabies shots and request proof. This can determine whether you need post-exposure rabies treatment.

Take Photos of Dog Bite Injuries and the Scene

Clear, detailed photos can be one of the most compelling pieces of evidence in a New York City dog bite case.

Immediately after the incident, if you’re physically able (or have someone to help you), take pictures of the following:

• Your injuries: Take close-up photos of bite marks, scratches, bruises, torn clothing, or other injuries caused by the animal attack.

• The healing process: If possible, document the progression of your injuries as they heal. This is evidence of how long your recovery takes and the full impact of your dog bite injuries.

• The dog: If you are able, take photos of the dog involved. Include identifying features, the collar, and any tags.

• The dog owner: Snap a picture of the owner if you can do so discreetly, as well as where the dog was restrained or unleashed.

• The scene: Document where the dog bite occurred, including street signs, landmarks, or any relevant conditions like broken fences or open gates.

Speak to Eyewitnesses After Your NYC Dog Bite Attack

Dog bites often happen in public areas or in front of neighbors, passersby, or building staff. Witnesses play an important role in providing additional support for your dog bite claim.

Their statements may help corroborate your version of events. They may also protect you against claims that you provoked the dog or trespassed.

Here’s what to do:

• Politely ask witnesses for their full names and contact information
• Write down or record their version of what they saw while it’s fresh in their minds
• If possible, ask them to sign and date a brief written statement

The Importance of Filing a Report After a New York Dog Bite

In New York City, filing an official report with the local authorities:

• Creates a legal record: It provides an objective account of the incident that can be used as evidence in negotiations or litigation.

• Identifies the dog and owner: Reports can enable local authorities to track down the dog’s vaccination status. They can also help determine whether it has a history of aggressive behavior.

• Initiates an investigation: Local animal control officers and health departments can follow up to assess the risk posed by the dog to others.

• Establishes timelines: The date and time of the report become part of the evidence timeline, which is critical in a dog bite case.

• Demonstrate responsibility: Promptly filing a report shows you took the incident seriously and helps validate your dog bite claim.

You can report a dog bite by calling 311. You can also visit the NYC Department of Health website to report the bite. Be sure to request a copy of the filed report for your records.

If the dog is a threat to public safety, contact the New York Police Department or the local Animal Care Centers of NYC.

Keep a Personal Injury Journal

A personal injury journal is an invaluable record of how the dog bite has affected your daily life.

In it, write down:

• Daily pain levels and symptoms
• Emotional impacts (fear, anxiety, sleep loss)
• Missed work, school, or social activities
• Doctor appointments and medical advice
• Restrictions on movement or activities
• Progress during recovery

Date each entry. This diary can humanize your dog bite injury case. A journal demonstrates the long-term effects that photos and medical records alone cannot fully capture.

Record All Related Dog Bite Injury Expenses

Financial documentation is needed to get back full compensation for damages. Keep receipts, bills, and bank statements for all expenses related to the dog bite.

This could include:

• Medical bills
• Prescriptions and over-the-counter medications
• Transportation costs to medical appointments
• Physical therapy or rehabilitation
• Counseling or mental health treatment
• Lost wages due to time off of work
• Costs of replacing or repairing damaged personal property (clothing, glasses, etc.)

Organize these receipts in a dedicated folder or digital file. This detailed record helps your attorney calculate fair compensation and supports your claim for both economic and non-economic damages.

How a New York Dog Bite Lawyer Can Help

Even when you do everything right, dog bite claims can be complicated.

An experienced New York dog bite lawyer can:

• Investigate thoroughly: Experienced dog bite attorneys can gather additional evidence, contact witnesses, and request surveillance footage. They can also obtain veterinary records to get the dog’s history of aggression.

• Prove liability: In New York, owners can be held liable under common law or local ordinances. A dog bite lawyer knows how to prove that the dog had a vicious propensity or that the owner was negligent.

• Handle the insurance company: Insurers often try to downplay injuries or blame the victim. Your personal injury lawyer negotiates aggressively to protect your legal rights.

• File a personal injury lawsuit if needed: If a fair settlement cannot be reached, your lawyer can file a lawsuit and represent you in court.

• Maximize your compensation: Attorneys know how to calculate the true cost of medical bills, future healthcare treatment, lost income, pain, emotional trauma, and disfigurement. They make sure you’re not shortchanged on compensation.

Frequently Asked Questions (FAQs) After a NYC Dog Bite Attack

What if I was bitten and don’t know who owns the dog?

Call 311 or the NYPD immediately. Animal control can investigate. Witnesses and security cameras may also help identify the dog’s owner.

What if the dog owner denies the bite happened?

That’s why evidence is crucial. Medical records, photos, witness statements, and official reports can prove your claim even if the dog owner disputes it.

Is the dog owner always liable in NYC?

New York laws apply a modified version of the “one-bite rule.” If the dog was known to be aggressive and the owner failed to control it, the owner could be held liable for injuries. An attorney can evaluate your case and help prove liability.

Should I talk to the dog owner’s insurance company?

Do not give a recorded statement or accept a settlement without speaking to a dog bite lawyer first. Insurance adjusters aim to minimize payouts.

How long do I have to file a dog bite claim in New York City?

You have limited time from the date of the bite to file a personal injury lawsuit in New York. However, if a child is bitten, the time limit may be extended. Speak with an attorney as soon as possible to avoid missing deadlines

Can I get compensation if I was attacked by a stray dog?

It’s more challenging but not impossible. If a landlord, property owner, or another party negligently allowed stray dogs to pose a danger, you might still have a case. A dog bite lawyer can help investigate your options.

How much does it cost to hire a dog bite lawyer?

Most New York dog bite lawyers work on a contingency fee basis. This means you pay nothing upfront, and the lawyer only gets paid if you win a settlement or verdict.

Schedule a Free Consultation With a Dog Bite Attorney Today

Suffering a dog bite can be traumatic, painful, and confusing. However, how you handle the aftermath can make all the difference in securing the justice and compensation you deserve. Carefully documenting evidence is not just a step in the legal process; it’s the foundation of a strong personal injury claim.

The legal team at Hill & Moin LLP understands the challenges New Yorkers face after a dog attack. If you or a loved one has been bitten by a dog, don’t wait – reach out to us today for a free consultation. Let us help you hold negligent owners accountable while you focus on healing from your injuries.

Your recovery matters. Your evidence matters. And we’re here to make sure it all counts. Contact Hill & Moin today for a free consultation to discuss your rights and Personal Injury Recovery SolutionsⓇ.

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In a personal injury case, a deposition is a critical part of the discovery process that allows both sides to gather information and prepare for trial. This phase is an opportunity for you to tell your side of the story in detail. You’ll be asked to answer questions about the accident and your injuries as well as to clarify facts that could affect the outcome of your claim.

For many people, the idea of being questioned under oath can feel intimidating. However, understanding what to expect can help you feel more confident and prepared.

In this article, we’ll break down what a deposition is, how to prepare for it, and what kinds of questions you might face. With the right preparation and the support of a personal injury lawyer, you can approach your deposition with confidence.

What Is a Deposition Hearing?

A deposition is a tool used as part of the pre-trial information gathering process for personal injury cases. It is a formal interview conducted under oath, usually outside of court, as part of the discovery process in a lawsuit.

During a deposition, a lawyer for the opposing side, usually the insurance company’s lawyer, asks you questions. The question will typically be about your accident, injuries, medical treatment, and the impact the incident has had on your life.

A court reporter records everything said during the deposition and creates a written transcript that may be used later in court.

Understanding the Purpose of a Deposition

What is the point of having to sit through a deposition? There are several reasons why a deposition is an important part of the legal process in a personal injury claim.

The main purposes of a deposition are to:

• Gather facts: Attorneys use depositions to learn what a witness or plaintiff knows about the case.

• Preserve testimony: Your answers are recorded by a court reporter or a videographer so they can be referenced at trial if needed.

• Evaluate credibility: Opposing counsel uses the deposition to observe how you present yourself and whether your story remains consistent.

• Encourage settlement: Sometimes, depositions clarify the strengths or weaknesses of a case. This can lead both sides to negotiate a settlement rather than proceed to trial.

How to Prepare for a Deposition

Keep in mind that a deposition is not a cross-examination like you see in movies. It’s simply a fact-finding session. Thorough preparation is the best way to protect your interests and reduce stress.

Here are some things to keep in mind while getting ready to give deposition testimony:

• Meet with your attorney ahead of time. Your personal injury attorney will schedule a prep session with you. Your lawyer will review what to expect, help you to practice answering common questions, and explain what topics may arise. This is your chance to ask questions and clarify anything you don’t understand.

• Review the facts of your personal injury case. Refresh your memory about the incident, your injuries, medical treatment, and how your life has been affected. Review any accident reports, medical records, or notes you have.

• Practice staying calm and answering clearly. Always listen to the full question before answering. Take your time and remain calm – it’s okay to pause and think. Answer only what was asked. If you don’t know or don’t remember, say so honestly. Never guess.

• Be honest and avoid exaggerating. Stick to the facts. Trying to minimize or exaggerate details can damage your credibility and harm your case.

• Bring what you need, but don’t volunteer extra information. Bring any documents your attorney asks you to, but don’t offer unsolicited details. Answer only what you’re asked – no more, no less.

• Plan ahead. Get a good night’s sleep and eat before the deposition. Plan your day so you’re not rushed or distracted.

Who Will Be Present At a Deposition?

Knowing who will be in the room can make the experience less intimidating. Here’s who you can expect:

• You: As the injured party bringing the personal injury claim, you are the primary witness providing information about what happened and how it has affected you.

• Your personal injury attorney: Your lawyer will be by your side throughout the deposition to protect your legal rights. He or she will also make objections if necessary and ensure that questions are appropriate and fair.

• The opposing attorney: Typically, the lawyer for the defendant will ask you most of the questions.

• A court reporter: This neutral professional records everything that is said and later prepares an official transcript of the deposition.

• An insurance adjuster or representative: In some cases, a representative for the insurance company or the defendant may attend to listen but may not usually ask questions.

• The defendant: While not common in personal injury cases, the person or company you are suing may sometimes attend.

How Long Does a Deposition Take?

The length of a deposition can vary widely based on the complexity of the case and the number of questions asked. On average, a personal injury deposition may last anywhere from 1 to 3 hours. However, more complex cases can take an entire day or even multiple days in rare circumstances.

Factors that affect the duration of the deposition process include:

• The number of parties involved
• The extent of your injuries and medical history
• How detailed or contentious the case is
• Whether any breaks are taken for lunch or private attorney consultations

Your personal injury attorney can give you a better estimate based on your specific case. Your lawyer will ensure you are comfortable throughout the deposition process and allow you to take a break if needed.

Types of Questions That May Be Asked During a Deposition

Being prepared for the kinds of deposition questions you might face can help reduce anxiety. While every deposition is unique, most questions fall into several common categories.

Background and personal information

The opposing attorney will usually start with basic background questions to get general information about you, such as:

• Your full name, current address, and date of birth
• Your education and employment history
• Your family situation and living arrangements
• Past residences and any prior legal history

Medical history

Expect detailed questions about your medical history, both before and after the incident:

• Pre-existing conditions or prior injuries
• Previous hospitalizations or surgeries
• Your health and physical condition before the accident
• Your current medical treatment

Details about the accident

You will be asked to describe exactly how the incident occurred, in your own words:

• Where and when it happened
• What were you doing at the time
• Who was present
• Weather, lightning, and other conditions
• Any statements you made at the scene
• What happened immediately afterward

Injuries and impact on your life

You will discuss the nature and extent of your injuries and how they have affected your daily life:

• Pain levels and physical limitations
• Impact on your work and ability to earn income
• Effect on hobbies, activities, and relationships
• Psychological or emotional effects

Treatment and recovery

The opposing attorney will want to know:

• Doctors you have seen and treatments you have undergone
• Medications you take
• Future medical treatments you may need
• How consistently you have followed your doctor’s advice

Damages and expenses

Questions may cover:

• Medical bills and out-of-pocket expenses
• Lost wages or loss of earning capacity
• Any property damage
• Other financial losses due to injury

Prior claims or lawsuits

The defense attorney may ask about any previous claims you have filed:

• Personal injury lawsuits
• Workers’ compensation claims
• Disability or insurance claims

Common Pitfalls to Avoid During Your Deposition

Statistics show that someone in the US is accidentally injured every second in a preventable accident. If you have been harmed in a personal injury accident, you deserve fair compensation. However, your testimony during a deposition can significantly impact the outcome of your case.

Avoid these common mistakes:

• Guessing or speculating: Don’t ever guess an answer. What if you don’t know or can’t remember something? It’s perfectly acceptable to say so.

• Volunteering extra information: Answer only the question asked. Do not offer additional details or explanations unless requested. Long-winded answers can create inconsistencies or open the door to more probing questions.

• Getting defensive or argumentative: Stay calm and composed. If you feel provoked, take a breath and answer politely. Losing your temper may undermine your credibility.

• Speaking in absolutes: Avoid definitive statements like “always” or “never” unless you’re certain. Such words may be used later to discredit you if evidence suggests otherwise.

• Forgetting it’s on the record: Remember, everything you say is being transcribed. Avoid jokes, sarcasm, or offhand remarks – they can be misinterpreted or used against you later.

• Failing to review key facts ahead of time: Work with your attorney beforehand to review accident reports, medical records, and other relevant documents. This can help you feel confident and accurate in your answers.

What Happens After Your Deposition?

After finishing your deposition, you may be wondering, “What comes next?”

Here’s what typically happens after your deposition is complete:

• Transcript review: The court reporter will prepare a written transcript. You and your lawyer will have the opportunity to review it for accuracy.

• Discovery continues: Both sides may conduct additional discovery – gathering more evidence, obtaining expert reports, or taking depositions if needed.

• Negotiations and settlement talks: Once both parties have a clearer picture of the facts, settlement discussions often become more serious. Many personal injury cases settle at this stage.

• Mediation or Alternative Dispute Resolution (ADR): If settlement negotiations fail, the parties may still agree to mediation – a structured negotiation facilitated by a neutral third party.

• Trial preparation: If your case does not settle, your personal injury lawyer may prepare to take your case to trial. Your deposition can be used at trial to support or challenge your in-court testimony.

The Personal Injury Attorneys at Hill & Moin Are Here to Help

At Hill & Moin, we understand that the idea of a deposition can be stressful. Our experienced team can guide you through every step. We make sure our clients are well-prepared and will stand by their side throughout the whole process.

If you have questions about your upcoming deposition or any aspect of your personal injury claim, don’t hesitate to reach out to our law firm. We’re here to protect your rights, advocate on your behalf, and help you focus on what matters most: your recovery.

We take personal injury cases on contingency, which means you don’t pay any upfront costs or fees. Contact us today for a free consultation to learn about your Personal Injury Recovery SolutionsⓇ. 

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When you’re dealing with the aftermath of a personal injury, it can feel like you’re behind, trying to piece your life back together, while the world keeps moving forward. Whether you’re recovering from a car crash or a slip-and-fall accident, your mind may be foggy, your body in pain, and your sense of justice deeply shaken.

With all you have to worry about, it might seem impossible to recall every detail of the accident – or get true justice. That’s where witness statements step in as powerful tools for truth, clarity, and ultimately justice. Eyewitnesses who can confirm the facts, character witnesses who illustrate how this incident has affected you, and expert witnesses who lend authority to your claim can strengthen your case.

At Hill & Moin, we’ve helped countless clients piece together what happened in the aftermath of accidents. We understand how overwhelming these situations are – and how vital it is to feel heard, believed, and represented.

Why Witness Testimony Matters for Your Personal Injury Case

Long after the accident scene is cleared and life goes back to “normal,” you may face more than just physical pain. After an accident, financial burdens may mount quickly.

To make things more difficult, insurance adjusters and defense teams often treat you as just another claim, not a person in need of real compassion. Such treatment may leave you feeling mentally worn out, struggling with a crushing sense that nobody truly sees what you’re going through.

Paired with other evidence and police reports, an unbiased account from a witness can be compelling evidence. Witness testimony connects the dots between your injuries and the accident. Even if your memory of the event is hazy, a witness’s testimony, as an “outsider-looking-in,” may establish key details in your story.

For example, a fellow commuter who saw your fall on a subway platform, a long-time friend who noticed the sleepless nights you now endure, or an engineer who can attest that a faulty railing caused your injury – they all bring weight and credibility to your story when it matters most. However, for your case to hold up under scrutiny, a witness’s statement must be clear, persuasive, relevant, and admissible.

How Testimony From a Credible Witness Can Strengthen Your Personal Injury Cases

A witness’s voice, whether a bystander, a loved one, or an expert, can validate your experience, strengthen your claim, and push back against insurance companies or defense teams who try to minimize your pain.

A strong, credible witness is typically calm and articulate, has no personal stake in the outcome, and can provide a detailed account of what he saw.

Your personal injury attorney will carefully vet each potential witness to ensure their statements can hold up under scrutiny.

Strong witness statements include a few essential elements that make them stand out:

• Clarity and specificity: A witness statement must avoid vague language. For example, “I think I saw the car speeding,” won’t carry the same weight as, “The blue sedan was traveling at least 50 mph in a 25 mph zone and ran the red light.”
• Accuracy: The most valuable statements stick to what was directly seen, heard, or experienced – no guessing or speculating.
• Logical flow: A strong statement has a clear beginning, middle, and end. It describes the sequence of events in a way that makes sense.
• Sensory details: What did the witness see, hear, smell, or feel? “I heard tires screeching before the crash,” adds a visceral element.
• Emotional observations: Witnesses often notice the emotional or physical state of the injured party – trembling, crying, groaning – which further supports claims of distress. A family member might add, “He can’t lift our child anymore,” showing how the injury disrupted daily life.
• Expert evaluation of physical evidence: An accident reconstruction specialist might confirm that the accident occurred due to improper lane changes or faulty road design.

When thoughtfully gathered, all these accounts create a more accurate picture of what happened, which can influence judges, juries, and insurance adjusters.

Choosing the Right Witness for Your Personal Injury Claim

Not every person who saw the event can strengthen your personal injury claim. Knowing who to rely on – and why – can dramatically affect your chances of success.

Each type of witness serves a unique role in painting the full picture.

Eyewitness testimony

One type of witness is eyewitnesses, who could be the following:

• Neutral bystanders: These are individuals with no personal connection to anyone involved in the incident. Their neutrality adds weight to their statements because they have no reason to lie or exaggerate.
• On-the-job observers: Think of coworkers or passersby at a construction site. Their firsthand observations can provide important insight into unsafe conditions, faulty equipment, or a lack of proper safety measures.
• Business employees: In cases involving a store, restaurant, or public venue, employees who were present can provide key information about what happened and whether policies were followed.

Character witnesses

Character witnesses may be:

• Family members: While not always present during the incident, family members can attest to how the injury changed your life – daily struggles, mood changes, lost hobbies, or new dependencies.
• Close friends and neighbors: They can share before-and-after perspectives that highlight the depth of your losses.
• Coaches or community leaders: For younger victims or those deeply involved in community life, these individuals can speak about lost potential or diminished participation.

Expert witnesses

One of the most persuasive types of witnesses is expert witnesses such as:

• Medical professionals: These experts explain complex diagnoses, interpret medical records, and forecast future needs
• Engineers or safety inspectors: Particularly in premises liability or product failure cases, their input shows where things went wrong
• Vocational rehabilitation specialists: They help quantify how your injury affects your earning potential and job prospects
• Mental health experts: In emotional distress or Post-traumatic stress disorder (PTSD) claims, a mental health expert’s testimony can make your invisible suffering real

How Statements Are Collected

Gathering statements isn’t just about collecting stories – it’s about documenting truth in a way that holds up in court.

Your personal injury attorney may take the following steps for witness testimony:

• Immediate contact: We reach out to witnesses as soon as possible after an incident. Working quickly to gather witness testimony ensures their memories are fresh and uncontaminated.
• Affidavits: Based on the situation and legal strategy, we may use sworn affidavits, which are signed under oath and used when formal legal documentation is needed.
• Recorded interviews: Recorded interviews are especially useful when tone, pauses, or emotional responses matter.
• Signed statements: If necessary, we can prepare a draft for the witness to review, make corrections, and approve. Accuracy and agreement are key. Depending on the circumstances, typed statements with physical or digital signatures can be used for remote or time-sensitive cases.

This process respects the witness while providing legal strength to your case.

Leveraging New York Law and Witness Statements to Your Advantage

New York civil procedure includes clear protections and allowances for using witness statements. For example:

• CPLR § 2106 – Affirmations: Using Affirmations Under Penalty of Perjury is a streamlined alternative for non-lawyers or medical professionals. The law allows certain professionals (like doctors) to provide legally acceptable statements without needing a formal notarized affidavit.
• CPLR § 4512 – Competency: This law presumes that most adults – and even children, depending on circumstances – are competent to give testimony. That widens your pool of potential witnesses.
• CPLR § 4517 – Prior testimony: Under this law, if your witness moves away, falls ill, or becomes unreachable, their previously recorded statements may still be admissible in court.

Understanding these rules helps us move quickly and strategically to preserve the power of every word.

Proving the Big Picture: Connecting Witness Statements to Outcomes

Your case doesn’t exist in a vacuum. Strong witness statements build connections across every element of the claim:

• Fault and liability: When multiple witnesses independently describe the same negligent act, their statements reinforce each other. Consistency in witness accounts strengthens your version of events against attempts to discredit it.
• Medical correlation: Witnesses who describe what happened immediately after the injury – screams, limping, fainting – help link the accident to the injury. Their real-time descriptions support medical records and can validate the severity of trauma.
• Quality of life impact: Statements from loved ones describing changes in mood, mobility, or independence show juries what numbers can’t. These details can influence pain and suffering awards.
• Future care costs: Expert witness testimony lays out the long-term consequences – therapy, surgeries, mobility aids, and more. Financial experts may use these insights to help calculate a fair settlement.

Ensuring Your Witnesses Are Ready for the Stand

Sometimes, cases go to trial – and when they do, preparation is everything. Here’s how we get ready:

• Practice sessions: Your personal injury lawyer may schedule dedicated prep meetings where each witness practices their testimony, including how to stay calm and respond to aggressive cross-examination. This guidance can help a witness stick to facts and avoid emotional pitfalls.
• Use of past testimony: If a witness is unavailable, New York’s prior testimony law allows his prior sworn or recorded statements to be used. A personal injury lawyer can ensure these are submitted properly and meet all admissibility standards.
• Courtroom visuals: Where appropriate, your legal team enhances witness testimony with diagrams, photos, or timelines. These tools help jurors follow complex issues and remember key points.

In many cases, the confidence and clarity of witnesses are what finally motivate the other side to settle.

Your Story Matters – Let Us Help You Tell It

If you’re struggling with the aftermath of a car accident or any type of personal injury, don’t underestimate the role that witness testimony can play. The sooner you contact a personal injury lawyer, the better the chance of gathering objective accounts that support your claim.

Reach out to Hill & Moin LLP today for a free consultation. When the world feels like it’s doubting you, we can create a team that believes in your story. Whether it’s collecting expert testimony, identifying a reliable witness, or navigating legal proceedings, we’re ready to stand with you.

Your story matters – let us help you tell it. Contact us today to schedule a free consultation to discuss the Personal Injury Recovery SolutionsⓇ that our results-oriented lawyers can offer to you. 

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Your home should be a place where you feel safe and protected. Sadly, this is not always the case. All too frequently, assaults are reported in New York apartment complexes.

A sexual assault, domestic violence incident, or some other kind of physical abuse can result in terrible injuries and intense emotional distress. Assaults that take place in or near an individual’s own home can be that much scarier. If you have been the victim of such an attack, there are a number of legal options and resources to help recover your losses and protect your family.

In this article, we will first discuss who may be held accountable for an apartment complex assault, as well as various legal services and laws in place to facilitate secure housing and your physical safety going forward. Additionally, we will consider important steps to take after an assault to safeguard your legal rights and future well-being.

Types of New York Apartment Complex Assault Claims

Charges for assault can range from misdemeanors to felonies. The severity of the charge depends on the intent of the defendant, the gravity of the injury, and the presence of aggravating factors, such as weapons.

The kinds of assault that may unfold in a New York residential complex include:

• Simple assault: This involves threats or attempted harm without a weapon. Such misdemeanor assault may include physical contact that does not cause serious injury. Still, the assault victim has tangible reason to be fearful, and there can be significant legal consequences for those directly responsible.
• Sexual assault: This includes any non-consensual sexual contact or coercion, ranging from unwanted touching to rape. Sexual assault victims can pursue lawsuits in civil court against the perpetrator and, in some instances, a third party who failed to prevent the crime.
• Domestic violence: This refers to assault within the domestic setting, including between spouses, partners, or family members. Local laws provide a number of protections for domestic violence victims to prevent further abuse.
• Aggravated assault: This occurs when an individual threatens or attacks another person using a deadly weapon or with the intent to cause serious physical injury. Intentionally inflicting severe bodily harm with extreme disregard for human life can lead to criminal charges and potentially lengthy prison sentences for the attacker.

Assault, in any form, should never be taken lightly or brushed aside. If you have been assaulted or otherwise harmed in your apartment complex, an experienced personal injury attorney is the advocate you need. He or she can provide valuable legal help and ensure you are able to benefit from any applicable victim services.

When a New York Property Owner May Be Liable for an Assault

After an assault, the attacker is most often found directly responsible for what occurred. That said, under certain circumstances, a landlord may be found to share liability after an assault on his or her premises.

Apartment complex owners have a duty to maintain a safe environment for visitors and residents. Thus, a landlord may be found accountable for an assault if he or she fails to take reasonable steps to prevent foreseeable criminal activity and provide adequate security.

Indications that a landlord failed to exercise appropriate care in protecting residents from foreseeable risks include such things as:

• Inadequate lighting: Poorly lit common areas, stairwells, hallways, and parking lots can create conditions where assailants can hide or aggress undetected
• Security breaches: Broken or missing locks, gates, or access control systems can compromise apartment security
• Lack of surveillance equipment: The absence of security cameras or malfunctioning surveillance systems can hinder the ability to identify or apprehend assailants
• Inadequate security personnel: Understaffed or untrained security personnel can impact the ability to deter crime effectively or respond to incidents on the premises
• Knowledge of prior incidents: If the landlord was aware of previous criminal activity or threats on or near the property and failed to take appropriate measures to address the situation, he or she may be liable for the subsequent assault

Under New York State law, to successfully establish a premises liability claim after an assault, you must demonstrate that the property owner knew or should have known about the potential for harm yet failed to take reasonable action to prevent it and that this failure directly caused you harm. Such claims can be complicated to prove and are best navigated with the help of a well-practiced premises liability lawyer.

Housing Protection for Victims of Assault

The US Department of Housing and Urban Development (HUD), together with other government departments, affirms the housing rights of survivors of domestic violence, dating violence, sexual assault, and stalking under the Violence Against Women Act (VAWA).

These housing protections apply to many apartment complex assault victims. Furthermore, under New York law, victims of family or domestic violence have certain tenants’ rights.

Domestic violence victims’ rights include:

• Right against discrimination: A landlord cannot refuse to rent to you or give you different rules than other tenants because you are a victim of domestic violence.

• Right to end your lease early: A domestic violence victim or the non-abusive parent of a child who is abused can break his or her rental contract early without paying for the entire length of the lease.

• Right not to be evicted: Housing providers cannot evict you because your partner abused you in your home. The landlord may remove the abuser from the property without evicting you.

• Right to cancel service contracts early: Victims of domestic violence have the right to cancel utilities, cable or satellite, internet, cell, and landline services without having to pay a cancellation fee or penalty.

• Rights involving subsidized housing: Domestic violence victims have the right to apply for federally subsidized housing. Additionally, you have the right to stay in your subsidized home, remove your abuser from the lease while retaining the subsidy, and request an emergency housing transfer due to immediate danger, if necessary.

In New York, there are a number of legal options and social services available to assault victims. By thoroughly researching and understanding domestic violence laws, housing discrimination rules, and emergency assistance programs, you will be able to make informed decisions and protect your family’s housing rights.

Obtain an Order of Protection Against the Assailant

After an assault, it is advisable to take immediate legal action to protect yourself and other members of your family from future attacks. Many crime victims choose to obtain an order of protection through the courts.

A protection order is a document issued by a judge that orders someone to abide by or refrain from certain conduct. These orders frequently prohibit an individual from coming within a certain distance or contacting the person who obtained the order of protection. If your abuser violates the order, call the police for assistance – this is a crime, punishable by law.

In cases of violence within a family or intimate relationship, you can request a family court order of protection. In instances of assault where a person has been charged with a crime, a prosecutor can request a criminal court order of protection.

An experienced domestic violence lawyer can help you obtain an order of protection and advise you on the best course of legal action. Remember, New York City police officers are prohibited from asking about your immigration status. Hence, as an assault victim, you can report the crime without fear of being investigated simply for your immigration status.

Take Action After an Apartment Complex Assault in New York

If you’ve been assaulted in your New York apartment complex, it is essential to prioritize your safety and well-being. Additionally, taking these important steps will help protect your legal rights:

• Seek immediate medical attention: Addressing your physical health is critical. Even if your injuries seem minor, get a medical evaluation. Doing so will put you on the best road to recovery and serve as evidence to support potential legal action.

• Report the assault: Contact law enforcement authorities and file a police report. Provide as much detail as possible, including the date, time, and location of the assault. Reporting the assault ensures that the crime is officially documented.

• Document the scene: Take photos or videos of the location where the assault occurred. Also, take photos of your injuries, property damage, unsafe conditions, or suspicious areas within the apartment complex.

• Collect eye-witness information: Get contact details from anyone who saw the assault happen or who can verify unsafe conditions on the premises. Witness statements can serve as valuable evidence in an assault claim.

• Notify your housing providers: Inform your landlord or property management company of the assault in writing. Include details of the assault, any previous safety concerns or warnings given, and your expectation for increased security measures. Send this as a registered letter to create a documented record of the incident and your requests.

• Keep detailed records of your injuries and expenses: Retain medical bills, medical care and treatment records, employment records of lost wages, and any other receipts for out-of-pocket costs related to the assault. Detailed records of your losses will support your claim as you pursue maximum compensation for what you have gone through.

• Contact a personal injury attorney: An attorney with experience in handling New York assault and premises liability cases can assess the strength of your case and guide you through the legal process. He or she can help you gather evidence, investigate the incident, and determine who may be held liable for the assault in your apartment complex.

Taking these actions will go a long way in building a robust personal injury case. Holding your assailant and others accountable for all you have endured is a key factor in rebuilding your life after a devastating assault.

Contact Dedicated New York Personal Injury Lawyers for Support After an Apartment Complex Assault

An apartment complex assault can have a profound impact on your life, even long after your physical pain has healed. In the aftermath of such a terrible incident, you deserve help to ensure your safety, move forward from the psychological trauma, and hold all responsible parties accountable for what has occurred.

Understandably, you may feel overwhelmed by everything involved in the legal process, such as pressing charges against your assailant or filing a lawsuit against the apartment property owners. The personal injury attorneys at the New York law firm of Hill & Moin have dedicated their careers to helping people like you.

When we take your case, we will be by your side throughout every phase of the court process. Our respectful and compassionate attorneys understand the applicable federal and New York state laws pertaining to assault and can confidently put them to work on your behalf, as well as help you with various victims’ services.

Learn about your Personal Injury Recovery SolutionsⓇ and how you can secure your future. Call Hill & Moin today at (212) 668-6000 or complete our online form for a free case evaluation. Every apartment complex assault victim deserves to know his or her legal options for restitution.

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Every morning, parents across New York drop off their little ones at daycare centers with the same silent hope: that their children will be safe, cared for, and happy until pickup time. Daycare is not just a convenience—it’s a relationship built on trust. So when something goes wrong, when a child is hurt under the care of a facility that promised to keep them safe, that trust is broken in the most painful way.

If your child has been injured at daycare, you’re probably feeling a mix of confusion, fear, and anger. You may be asking: How could this happen? What do I do now? Who is responsible? These are important questions, and you deserve answers. At Hill & Moin LLP, we believe parents should never feel alone in these moments. Let’s walk through what happens next—and how to protect your child’s rights, and your own peace of mind.

When Accidents Happen

Children are naturally curious and active. Bumps and bruises are part of growing up—but there’s a world of difference between a scraped knee and a serious injury caused by neglect. New York State has strict regulations for childcare centers, enforced by the Office of Children and Family Services (OCFS), covering everything from staff qualifications to emergency preparedness.

When a daycare fails to follow these rules, and a child is injured as a result, it may be considered negligence—a key factor in many personal injury cases.

Take a real-world scenario: three-year-old Emma wanders into an unlocked storage closet and suffers chemical burns from cleaning products. Her parents are devastated—and full of questions.

What happened? Why wasn’t the closet secured? Where was the supervision?

Common Causes of Daycare Injuries

Sadly, stories like Emma’s are not rare. Common causes include:

• Inadequate Supervision: One caregiver overseeing too many children, violating OCFS-required staff-to-child ratios.
• Unsafe Premises: Broken playgrounds, unlocked cabinets, or poorly maintained facilities.
• Negligent Hiring: Employees lacking background checks or proper training.
• Physical Abuse or Neglect: Sometimes, misconduct by staff leads to harm.
• Failure to Accommodate Medical Needs: For instance, ignoring known allergies or failing to administer medication.

These are often preventable, and if your child is hurt due to one of these reasons, the daycare may be held legally responsible.

If your case involves dangerous premises, you may want to explore premises liability as a legal pathway.

What to Do Immediately After a Daycare Injury

After ensuring your child receives medical attention, take the following steps:

1. Document Everything: Photos of injuries and the environment, written notes, and medical records.
2. Request an Incident Report: Licensed daycares are required to report injuries.
3. Speak with Witnesses: Parents, staff, or children may offer useful details.
4. Preserve Evidence: Save any clothing or objects involved in the incident.
5. Contact a Personal Injury Attorney: At Hill & Moin LLP, we offer free consultations to help you understand your rights.

Who Can Be Held Responsible?

New York law allows multiple parties to be held accountable, including:

• The daycare facility or corporation
• Individual staff members
• Equipment manufacturers or maintenance contractors

Liability may also involve negligent security or failure to follow state licensing standards.

New York uses comparative negligence, which means damages may be apportioned among multiple parties, depending on their level of responsibility.

What Compensation Could You Receive?

You may be eligible to recover damages such as:

• Medical bills (including future rehabilitation)
• Emotional distress and trauma counseling
• Loss of enjoyment of life
• Parental lost wages
• Pain and suffering

If the injury results in a long-term disability, you may also need to consider a catastrophic injury claim.

The New York State Department of Health reports that unintentional injury is one of the leading causes of death and hospitalization among children under 14 [source].

Why Legal Help Matters

It might feel uncomfortable to consider a legal claim, especially if you’ve built a rapport with the daycare staff. But pursuing justice is about more than compensation. It’s about accountability, safety, and securing resources for your child’s recovery.

At Hill & Moin LLP, we bring decades of experience advocating for injured children and their families. Whether you speak English, Spanish, Russian, French, Yiddish, or Armenian—we’re here to make sure your voice is heard and understood.

We treat each case as if it were our own child, because we know how deeply this impacts your family.

How We Help Families Like Yours

When you reach out to us, we’ll listen to your story with compassion. During your free consultation, we’ll assess the facts, explain your legal options, and walk you through what happens next.

We investigate thoroughly—gathering photos, medical records, witness statements, and daycare history. We don’t stop until we know exactly what went wrong and who is responsible.

And best of all? You don’t pay unless we win. We work on a contingency basis, so you never have to worry about upfront legal costs.

You Deserve Answers—And So Does Your Child

No parent should have to face this alone. You trusted a daycare to protect your child, and that trust was broken. You deserve answers. You deserve justice.

Let us help you protect your child’s future—and ensure that what happened to your family doesn’t happen to someone else’s.

Call Hill & Moin LLP today at (212) 668-6000, or contact us online to schedule your free case evaluation. Because when it’s your child, it’s personal.

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Electric scooters have changed how New Yorkers get around the city’s busy streets. These convenient devices offer a quick way to travel, but they also bring new safety concerns to the fore. According to the United States Consumer Product Safety Commission, E-scooter injuries increased by 22 percent during 2022 compared to 2021. This highlights the importance of understanding the laws surrounding E-scooter accidents.

When an E-scooter accident happens, determining liability can be complicated. It often depends on several factors that are specific to New York City laws. In this article, we will explain who might be held responsible and how personal injury attorneys can help you.

Understanding NYC Electric Scooter Laws

New York City’s electric scooter laws outline responsibilities for both E-scooter riders and other road users. These laws help determine who is at fault when an accident occurs.

Legal requirements that affect liability

In New York City, electric scooters are legal to ride, but riders must follow several laws. The law states that:

• Users cannot exceed 15 miles per hour
• Users must ride in bike lanes or on streets with speed limits of 30 mph or less
• Users are prohibited from riding on sidewalks
• Users aged 16 and 17 must wear helmets, though helmets are recommended for all riders

Riders who disobey these rules may be held liable for electric scooter accidents.

How location violations affect who pays

Where you choose to ride your E-scooter can affect your personal injury case. As mentioned above, E-scooter riders in New York City cannot operate on sidewalks unless it is allowed by a local law or ordinance. Scooter riders should use protected bike lanes when available.

This sidewalk ban is strictly enforced under NYC electric scooter laws. Breaking this law can lead to serious fines. Riding an E-scooter in a banned area can greatly affect who becomes responsible when accidents happen. Courts often put more blame on riders who use their scooters where doing so isn’t allowed under the law.

When E-Scooter Riders Are Liable for Accidents

Different rider behaviors create different levels of legal responsibility. In electric scooter accidents, the courts will examine the rider’s behavior to determine who is at fault. If your conduct contributed to your injuries, this can greatly affect your case.

Examples of common rider negligence include:

• Violating traffic signals and stop signs
• Riding under the influence of alcohol or drugs
• Exceeding posted speed limits or safe operating speeds
• Failure to yield the right-of-way when required by traffic rules
• Riding while distracted, using mobile devices

It is your responsibility as an E-scooter operator to follow traffic laws. The same traffic laws that apply to motor vehicles apply to electric scooters and e-bikes as well.

How Motor Vehicle Drivers Become Liable

Motor vehicle drivers share responsibility for road safety and must exercise reasonable care around E-scooter riders. Drivers may be held responsible for E-scooter accidents when they:

• Fail to check blind spots before changing lanes or turning
• Follow E-scooter riders too closely without accounting for their braking capabilities
• Drive aggressively to intimidate or endanger E-scooter riders
• Use a phone or apply makeup behind the wheel
• Open a car door without checking for approaching electric scooters or other traffic

When motor vehicle drivers fail in their duty of care, they become liable for damages and injuries. If your E-scooter accident was caused by a motor vehicle driver, you should contact an E-scooter accident lawyer.

Third-Party Liability in E-Scooter Cases

Besides E-scooter users and car drivers, other parties may be held responsible for E-scooter accidents. Third parties that can be held liable may include:

• Rental companies
• Government agencies
• Scooter company
• Property owners

E-scooter rental companies

Rental companies may face claims if they ignore known safety issues or fail to maintain their vehicles properly. These companies may be responsible if:

• The scooters are not properly maintained
• The scooter is rented out with known defects
• The rental company does not provide clear safety instructions

Local government agencies

Cities and local government agencies can be responsible for electric scooter accidents caused by poor road conditions. Examples of negligence by government agencies include:

• Unrepaired potholes
• Poor lighting on the streets
• Confusing or missing traffic signs

These government agencies must keep roads safe for all users. However, proving that a government agency was aware of the hazard may be difficult. As an E-scooter accident victim, you deserve compensation. Working with a skilled New York City personal injury lawyer is crucial when pursuing a claim against a government agency.

Private property owners

Electric scooter accidents can happen on private property. You may have been making a delivery or visiting a business establishment. If you were injured on private property, the owners may be liable for damages.

Some hazards property owners should be aware of include:

• Construction materials left without warning signs
• Uneven or cracked pavement that can catch E-scooter wheels
• Narrow pathways that don’t accommodate E-scooter width
• Sudden elevation changes without proper signage
• Loose gravel or sand that causes loss of traction
• Wet surfaces from sprinklers or drainage issues
• Chain barriers or low cables at E-scooter height
• Sharp turns or blind corners near building entrances

Electric scooter manufacturers

E-scooter manufacturers can be held responsible when scooter malfunctions cause accidents. In particular, common defect issues include:

• Faulty braking systems
• Steering problems
• Battery malfunctions
• Structural failures

Other road users

Other people on the road can cause E-scooter accidents through careless behavior. For instance, this includes:

• Cyclists who don’t follow traffic rules
• Pedestrians who make sudden movements
• Delivery drivers who are distracted

Insurance Coverage and Liability in E-Scooter Accident Cases

Insurance coverage is crucial for victims seeking compensation for their injuries and damages. In New York City, multiple insurance policies may apply depending on what happened. It’s important to understand how different policies work together and which ones may be available to you.

How personal insurance affects liability in New York City

Many E-scooter riders think their existing insurance will cover accident expenses. However, coverage varies widely between insurers and policy types.

Types of personal injury coverage that may apply include:

• Health insurance for immediate medical treatment and ongoing care
• Homeowners’ or renters’ insurance for personal liability protection
• Auto insurance policies that may extend to alternative transportation devices
• Personal umbrella policies that provide additional liability coverage
• Disability insurance for income replacement during recovery periods

When commercial insurance covers E-scooter liability

In New York City, commercial insurance for E-scooter rentals offered by companies likeLime, Bird, and Veo provides limited third-party liability coverage.

Commercial insurance typically covers third-party liability when:

• A device defect causes the incident
• A rider incurs medical bills within policy limits
• A malfunction results in property damage

This insurance is designed to protect pedestrians, cyclists, and others who may be injured by a rider using rented electric scooters. However, this coverage has limits and exclusions. These limits may leave victims without enough compensation to cover their losses.

Proving Responsibility in E-Scooter Accident Cases

Taking the right steps immediately after an accident can impact liability. These initial steps determine whether victims can successfully prove fault and recover compensation.

You need strong evidence in order to win your case. Physical evidence can disappear quickly, and witness memories fade over time. Therefore, immediate documentation is essential.

Important evidence to preserve includes:

• Photographs of the scene, vehicles, and injuries
• Police reports and incident numbers for official documentation
• Medical records and bills related to treatment
• Witness statements and contact information
• Rental records and maintenance logs, if they are applicable
• Weather and road condition information at the time of the collision

Compensation in E-Scooter Liability Cases

Victims have legal rights to seek compensation from the responsible parties. However, the process requires knowledge of responsibility rules and insurance requirements. New York’s legal system provides many avenues for recovery. Let’s explore this in more detail.

How liability affects damage awards

Personal injury compensation depends on several factors. The cause of the accident will prove whether you were partially at fault. As for the amount of compensation you can get, this will depend on the severity of your injuries.

Recoverable damages in an E-scooter accident case may include:

• Medical expenses for emergency treatment, surgery, and ongoing care
• Lost wages and reduced earning capacity due to E-scooter injuries
• Property damage to personal belongings or the device itself
• Future medical costs for continued treatment and rehabilitation
• Disability accommodations and assistive devices if permanently injured

Time limits for E-scooter liability claims

New York law sets strict time limits for filing personal injury lawsuits. Missing these deadlines can permanently prevent victims from seeking compensation. You have limited time to file accident claims, so quick legal action is crucial for protecting your rights.

Electric scooter accidents are subject to the same time limits as other personal injury cases. E-bikes and similar alternative transportation devices also have the same deadline requirements.

Claims against government agencies require special notice procedures with much shorter deadlines. Additionally, insurance claim deadlines may be shorter than personal injury lawsuit filing requirements.

Get Legal Help With E-Scooter Liability Cases

The legal process for these cases is often too complex for most people to handle alone. Professional legal representation helps level the playing field against experienced insurance adjusters. It also ensures that all legal requirements are met properly.

At Hill & Moin LLP, we understand how devastating collisions can be for victims and their families. We serve clients throughout Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. Over the years, we have helped numerous clients recover millions of dollars in compensation, and we are ready to assist you, too.

Call Hill & Moin LLP today at (212) 668-6000 to schedule your free case evaluation. Our attorneys will explain what we can do for you with our Personal Injury Recovery Solutions®.

Don’t wonder about your rights!

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According to the Metropolitan Transit Authority (MTA), around 3.6 million people ride the New York City subway every day. While the majority of subway journeys are uneventful, sometimes things go wrong, resulting in serious injuries.

For example, in one notable incident in January 2024, a train derailed, injuring at least 26 passengers. While most subway accidents may not happen in circumstances as dramatic as these, they can leave injured passengers facing a long and painful recovery. If you or a loved one has been injured in a subway accident that was not your fault, you may have the right to hold the responsible party accountable and pursue compensation for your injuries.

In this post, you can explore the legal options open to you if you have been injured in an accident involving the subway. We will examine what subway accident lawyers can do to help victims pursue compensation and face the future with confidence once again.

Why Do Subway Accidents Happen?

Each subway accident is unique, but when you start digging beneath the surface, a few common themes usually emerge. Understanding the root cause of the subway incident that led to your injuries is crucial for establishing liability and building a strong case for compensation.

An investigation into a subway accident typically reveals one of the following causes.

Operator error

Subway drivers may get distracted, tired, or inattentive on the job, leading to accidents. Failure to follow safety protocols could lead to speeding, sudden stops, collisions, and train derailment.

Equipment failure

Subway trains rely on many moving parts that must be regularly serviced and repaired to keep them operating safely. Brake or signal system failures can be catastrophic. If parts fail due to poor manufacturing processes, collisions and derailments can result.

Infrastructure problems

Subway tracks and power systems require regular maintenance to keep them to a safe working standard. If maintenance schedules are not adhered to, the chances of an accident occurring significantly increase.

Poor station maintenance

Subway stations also require regular cleaning and maintenance to keep them safe for the commuters who rely on them each day. Platforms, escalators, elevators, and walkways must all be kept safe. In the winter, that means clearing ice and snow promptly in the many above-ground stations on the subway system. Failure to follow subway station safety protocols can result in dangerous conditions that cause severe injuries.

Passenger actions

Sadly, the greatest threat to our safety on the NYC subway system sometimes comes from other passengers. Pushing, shoving, and malicious actions lead to injuries every year.

NYC Subway Injuries

The scenarios mentioned above can cause a wide range of serious injuries that can have a devastating impact on victims’ lives. Here are some of the most common subway injuries and what you should do to strengthen your chances of securing compensation.

Back injuries

Fall incidents can occur for a variety of reasons on the NYC subway, including:

• Sudden stops or jolts on a subway train
• Slips on slippery or icy surfaces
• Pushing and jostling from other passengers

A hard fall on the back or backside can lead to back and spine injuries. Severe injuries, including paralysis, can result if the spinal cord is damaged.

Broken bones

Like back injuries, broken bones may be sustained during jerky rides or falls due to unsafe conditions on trains or at subway stations. While some breaks are relatively minor, others can cause severe physical and mental consequences. These may include nerve damage, chronic pain, movement difficulties, and long-term emotional challenges.

Head injuries

Fall accidents on the subway also pose the risk of head injuries. If your head hits the floor or a subway car window or wall with sufficient force, you may sustain a traumatic brain injury (TBI). At their most serious, TBIs can cause permanent disability and require long-term medical care.

Death

Tragically, every year, people lose their lives on the New York City subway. While some reasons include suicide, trespassing, and dares, others are caused by accidents.

If you have lost a loved one on the subway system, it is important to seek answers and explore your legal options. Experienced New York City personal injury attorneys can listen to your story with compassion and explain your legal rights.

Determining Liability for NYC Subway Accidents

When a New York law firm agrees to take on your subway accident case, they must first identify the liable party. This is the person or organization from whom you seek to recover compensation, either through a personal injury lawsuit or a claim leading to a negotiated settlement.

As we saw above, subway accidents can have many different causes, meaning there could be multiple liable parties. In some cases, accident victims may also share a measure of blame for the accident.

In such situations, don’t conclude that you do not have a case. Under New York’s pure comparative negligence laws, you may still be able to pursue compensation even if you were up to 99 percent liable for the accident. Experienced attorneys can talk you through your legal rights and explain whether you have a strong case for recovering compensation.

In subway accident claims, you may be able to pursue one of the following parties for compensation.

The New York City Transit Authority

There are two legal entities involved in the running of the NYC subway system: The New York City Transit Authority (NYCTA) and its parent, the Metropolitan Transportation Authority (MTA). These two legal entities are responsible for ensuring passenger safety. If one of these agencies fails in its duty to provide a safe environment, you may be entitled to sue it for compensation.

Many cases have established that the MTA and NYCTA can be held liable for injuries to the public on the NYC subway system. A 2016 report found that in the previous 5 years, the New York City Transit Authority had concluded 4,592 cases and paid out $431 million in compensation to victims.

Scenarios in which the MTA may be responsible include:

• Train derailment
• Platform accident
• Fall injuries
• Defective equipment or improper maintenance
• Criminal acts (in certain circumstances)

Each subway incident is unique and must be properly investigated by personal injury lawyers to determine liability. After a subway incident, the MTA’s insurance company is likely to make a lowball offer to settle your case and sign away your rights to future legal action.

Do not sign anything until you have consulted experienced personal injury attorneys who have your best interests at heart rather than the MTA’s bottom line.

Third-party Liability

While the MTA has a duty to care for passenger safety, in some scenarios, third parties may bear partial or full responsibility for causing your injuries.

Potentially liable parties could include:

• Contractors: If the MTA hires private contractors, such as maintenance crews, janitorial companies, or construction firms, who act negligently as they carry out their duties, the contractor may be at least partially liable for the injuries that result.

• Defective parts: If the parts supplied by a manufacturer are found to be defective, the manufacturer could bear responsibility for the accident under New York’s product liability laws.

• Passenger actions: Sometimes, other passengers could be liable for your injuries if they act negligently or maliciously, causing serious injuries. This would include situations in which a passenger pushes another in front of an oncoming train or onto the tracks.

MTA Employees

Generally, there are certain legal protections in place that prevent MTA employees from being sued personally for their actions in the course of carrying out their duties. However, under New York law, “the duty to indemnify… shall not arise where the injury or damage resulted from intentional wrongdoing or recklessness on the part of the employee.”

Simply put, if an MTA employee caused your injuries by acting intentionally or recklessly, you may be able to pursue him or her for compensation. Situations like this underline the importance of seeking qualified legal advice from an experienced subway accident lawyer who can provide accurate, tailored advice about your specific case.

Your Rights After a Subway Accident

The NYC subway can be a scary place to get injured. After the dust settles, the thought of filing a personal injury lawsuit against the MTA or another party could be overwhelming. However, do not let anyone prevent you from pursuing qualified legal advice and fully understanding your legal rights after a subway accident.

With the right legal advice and representation, the pressure can be taken off your shoulders, and you can pursue fair compensation for the suffering you have endured.

How subway accident lawyers can protect your legal rights

Experienced attorneys can listen to your story with compassion and explain your legal rights in a clear, straightforward manner. If a firm of personal injury lawyers agrees to take on your case, they will do all the heavy lifting for you.

From investigating the case and gathering evidence to playing hardball in negotiations or fighting your case in court, they will carry the load every step of the way.

Subway accident lawyers can do the following:

• Determine the strongest route to financial recovery: They can assess whether your case falls under personal injury, premises liability, or wrongful death and build a strong case to give you the best chance of a successful outcome.

• Meet legal deadlines: In most personal injury cases in New York, you have a limited time to file a claim. However, you must file a Notice of Claim against the MTA soon after the subway incident in order to retain your right to file a personal injury lawsuit against them. Then, you must file a lawsuit within a predetermined period of time after your accident, or you may lose your opportunity to sue the MTA. If you talk to a subway accident lawyer quickly after your accident, he or she can ensure these deadlines are met.

• Navigate legal complexities: The MTA has waived its right to sovereign immunity, which is the right to avoid being sued as a government agency. Still, many complications remain when pursuing compensation from the MTA. Experienced subway accident lawyers are familiar with these laws and know how to work within them.

Compensation in subway accident claims

Subway accident victims could be entitled to economic and non-economic compensation.

Economic compensation includes:

• Lost wages
• Medical expenses
• Property damage

Non-economic compensation is broader-ranging. Depending on the impact of your accident, it could include:

• Pain and suffering
• Emotional distress
• Loss of enjoyment in life

Every subway accident case is unique, and a personal injury lawyer can advise you on the compensation you may be entitled to in your situation.

Let Hill & Moin’s Subway Accident Lawyers Fight for Your Rights

If an accident anywhere on the NYC subway system has left you in pain, struggling financially, and desperate for answers, it is time to talk to the experienced attorneys at Hill & Moin. With more than 60 years of combined experience in fighting for the rights of New Yorkers, we are known by clients as the “lawyer in the family.”

We pride ourselves on the personal approach we take to every case. Our legal team includes a full-time investigator, allowing us to get to the heart of questions of liability and fair compensation.

Over the decades, we have proven to be skilled negotiators and aggressive litigators who are not afraid to take on any organization that has trampled on New Yorkers’ rights. We have secured 6- and 7-figure settlements for people injured on the subway – will you be the next to secure fair compensation?

Discover your rights during a free consultation with one of our experienced and compassionate subway accident attorneys today. Call (212) 668-6000 or contact us online to schedule a free discussion of your case.

Don’t wonder about your rights!

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