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Have you or a loved one been injured in an accident caused by someone else’s negligence? If so, you may be coping with physical pain, emotional distress, and unexpected financial challenges.

Whether it was a traffic collision, animal attack, slip-and-fall, or any other type of accident, getting the help of a personal injury lawyer can make a big difference in your recovery and compensation. However, it is not always clear when to hire a lawyer and whether you have the grounds to file a personal injury claim.

In this article, we will discuss some key signs that indicate it’s time to seek out a trustworthy New York City personal injury lawyer.

1. You Suffered a Severe or Permanent Injury

The level of your injury should definitely factor into your decision about whether or not to hire a personal injury attorney. If your injuries are severe, long-term, or permanent, it is essential to hire a lawyer to ensure your compensation covers your current and future medical expenses.

A personal injury attorney can accurately assess the full impact of your injury, including:

• Medical bills: Hospital stays, medications, surgeries, rehabilitation, doctor’s visits, and all ongoing medical care

• Lost wages: Compensation for lost income if your injury prevents you from working for a period of time or permanently

• Pain and suffering: Monetary compensation for the physical and emotional toll the injury has had on you

Remember, once you accept a settlement, that’s it: your case is closed and you cannot go back and ask for more money – even if your injuries are more debilitating than you initially realized. For this reason, it is important to have a lawyer on your side who can accurately assess your total damages.

2. Liability Is Unclear

In some situations, it is obvious who is at fault for an accident – in other cases, liability may be unclear. If there is any question about who is to blame for your accident and injury, a personal injury lawyer can help gather evidence and build a strong case for you.

What if the other party is trying to blame you for the accident? Your lawyer will challenge these claims and work to minimize any reduction in compensation.

It may be that there are multiple parties liable for your accident. For example, if you were harmed in a truck accident caused by a defective vehicle part, the trucking company and the manufacturer of the part could both be liable for your injuries.

You can be confident that your attorney will work hard to identify all responsible parties, prove fault, and hold them liable for damages.

3. The NYC Insurance Company Is Pressuring You Into Accepting a Low Settlement Offer

Insurance companies are not on your side after an accident. They are usually more concerned about their bottom line than fairly compensating personal injury victims. If the insurance company offers you a quick settlement or pressures you to settle for an amount that seems too low, this is a red flag.

When insurers know that you have legal representation, they are more inclined to offer a fair settlement. A lawyer will review any settlement offer on your behalf to ensure it is fair and accounts for all your losses.

4. The Insurance Company Denied Your New York City Insurance Claim

Insurance companies do not always act in good faith and may deny your claims for various reasons, including:

• Arguing that your injury is a pre-existing condition
• Claiming that your insurance policy doesn’t apply to the incident
• Stating that there was insufficient evidence to support your insurance claim

An attorney can help you explore your next steps following a denial from the insurance company. One option may be to gather more evidence to support your claim and negotiate to reverse the denial.

If negotiations fail, your lawyer may file a personal injury lawsuit on your behalf to seek maximum compensation through the legal system.

5. Your NYC Accident Involves a Government Entity

When your accident involves a government entity – such as a city, state, or federal agency – there are distinct challenges that a personal injury attorney can help you navigate.

Challenges when pursuing a personal injury claim against a government agency include:

• Sovereign immunity: Some governmental agencies have sovereign immunity, which protects them from lawsuits unless certain conditions are met. Experienced personal injury attorneys are knowledgeable in these laws and can help you determine whether you have a valid claim.

• Strict deadlines: Government entities often have shorter statutes of limitations than if you’re filing a lawsuit against a business or individual. Missing the deadline to file could bar you from seeking compensation. A personal injury lawyer will be aware of these deadlines and make sure that the necessary paperwork is filed correctly and on time.

• Skilled defendants: You can be sure that government entities will have access to attorneys who are skilled at defending claims. These lawyers will use legal strategies to minimize or eliminate your compensation. Your personal injury attorney will know how to counter these defenses, gather evidence, and build a strong case.

6. You’re Not Being Compensated Fairly for Lost Wages

When an accident occurs, many people are not financially prepared for the financial toll it takes. Studies show that 78 percent of Americans live paycheck to paycheck, so if a person’s injuries prevent him or her from returning to work for weeks or months, this could put that individual in a devastating financial situation.

Your NYC personal injury attorney will make sure to accurately calculate the income you have lost and include it in your personal injury claim.

7. The Statute of Limitations Is Getting Close

Every state has a statute of limitations, which is the time limit you have to file a legal claim. For most personal injury cases in New York, the filing time period begins from the date of injury.

A lawyer can help you to determine the deadline to file your claim and how to meet it. Remember, once the statute of limitations passes, you will no longer be able to seek compensation, regardless of the strength of your personal injury case. An attorney, though, may be able to quickly gather the needed evidence to file your claim and ensure it is filed on time.

8. You Are Unsure of the Legal Process

The process of filing a New York City personal injury claim can be daunting, especially if this is your first time being involved in a serious accident. Deadlines, paperwork, and negotiations with the insurance company are overwhelming on a good day – but can be even more daunting while you’re trying to recover from your injuries.

An accident attorney can make sure that all documents are filed correctly and on time, preventing any delays or issues with your claim. Your lawyer will defend your legal rights, and keep you prepared and informed through each step of the claims process.

The NYC Personal Injury Lawyers at Hill & Moin Are Here to Help

This article discussed just some of the many signs you should hire a personal injury attorney to handle your claim. Knowing when to hire a personal injury attorney can mean the difference between receiving fair compensation or struggling with the financial burdens of an injury.

If you are unsure whether you need an attorney, it is always best to schedule a free consultation with a personal injury law firm. The legal team can answer your questions, help you determine whether you have a valid case, and inform you of your legal options.

The personal injury lawyers of our law firm care about our clients. In fact, clients have said that when Hill & Moin LLP is on your side, it’s like having “a lawyer in the family.” Contact us today at (212) 668-6000 to learn your Personal Injury Recovery SolutionsⓇ. 

Don’t wonder about your rights!

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It’s been 23 years since the heinous attacks that occurred on 9/11. Many of those present on that day were brave emergency medical service workers who, in a time of crisis, rushed into action to save those most in need. One of those workers was Chris Murphy who helped pedestrians flee from the wreckage and lead them to safety. Many of those who were present or in the vicinity of the 9/11 wreckage were exposed to toxins that ended up in later years causing medical ailments including numerous cancers, chronic cough syndrome and respiratory disorder, sleep apnea, and other illnesses that effect the lungs.

At Hill & Moin, LLP we honor those who were present on 9/11 and we work hard to ensure that those courageous New Yorkers who jumped into action receive compensation for their bravery and the medical costs that arose as a result of that tragic day.

Our team was able to help Mr. Murphy file a claim through the 9/11 Victims Compensation Fund, navigate the process of filing with the VCF, and receive a $51,591.76 award that will help him with his medical treatments going forward. 9/11 is a day that Americans will never forget and Hill & Moin, LLP will do all we can to ensure that those suffering from illnesses related to the attacks are able to be adequately compensated.

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During his shift as a delivery driver, E.C. was getting through his route like any other day. However, this day would not go as planned. During one of his stops, E.C. was parked in a lot and had unloaded the order. As he cautiously made his way to the rear entrance of the building a vehicle suddenly and without warning reversed into him. He was blindsided and thrown violently to the ground from the impact. As the shock of what had occurred began to wear off, E.C. knew that he needed to come up with a plan.

He headed to the hospital to get checked out and discovered that he had sustained various soft tissue injuries to both sides of his body. Feeling like he deserved better, E.C. reached out to the esteemed attorneys at Hill & Moin, LLP to assess the unfortunate situation. He found comfort in the steadfast dedication Attorney Eric Wittels in navigating toward the six-figure settlement E.C. received. Facing forward to his future, E.C. intends to start a savings fund for any other unforeseen situations that fate throws his way.

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Navigating the aftermath of a personal injury can feel overwhelming. With mounting medical bills, lost wages, and the daunting task of dealing with insurance companies, you may wonder: How much is the claim really worth?

Whether you have been injured in a car accident or suffered from someone else’s negligence in some other way, getting the maximum compensation for your case can aid your physical and financial recovery.

In this post, we will explore how experienced personal injury attorneys assess claims. Understanding how personal injury lawyers may calculate the value of your claim can empower you during this challenging time.

Adding Up Factors Affecting the Value of Your Claim

The value of a personal injury claim hinges on several key factors. Each component plays a critical role in determining the compensation you may receive.

When determining the value of your personal injury claim, lawyers start by evaluating your damages. “Damages” in personal injury cases refer to the compensation awarded to victims for their losses.

Economic damages

Economic damages refer to the tangible, quantifiable losses a victim incurs due to an accident. These damages can include medical expenses, lost wages, and costs related to ongoing care. Each financial burden adds up quickly, making it essential for victims to account for every dollar spent.

Lost wages and income

Lost wages and income, such as the following, can significantly impact your financial stability after an accident:

• Lost raises: You might miss out on scheduled raises due to extended time off. Performance reviews tied to raises could even be postponed, affecting your salary growth.
• Missed promotions: Time off work might lead to missing out on promotion opportunities and being absent during crucial projects or decision-making periods, which can hinder your career progress.
• Income lost due to inability to work during recovery: You may need to take days, weeks, or months of missed work during initial recovery. You may also use all your paid leave, leading to unpaid time off and financial hardship.
• Reduced ability to earn in the future: During your recovery, you may be able to work. However, you may be forced to take on a lower-paying job due to your inability to perform previous duties. Working reduced hours because of ongoing medical issues or treatments can also hurt you financially.
• Long-term or permanent disability affecting employment: Once you have reached maximum medical recovery, you may still be left with long-term or permanent disabilities. You may need to adapt to new roles or responsibilities within your current job to accommodate your disabilities. In some cases, permanent disability might lead to unemployment or early retirement.

Calculating your lost income may require a review of your regular earnings. Pay stubs and tax returns are essential for establishing a baseline. If you are self-employed, it may be difficult to calculate your lost income. You would need to provide clear documentation of past income.

Your personal injury lawyer can assess the duration of your absence from work due to recovery. This time frame determines how much compensation you may claim for lost wages.

Medical treatment costs

Medical treatment costs can significantly impact the value of your personal injury claim.

Immediate medical expenses often include:

• Emergency room visits
• Hospital stays
• Surgeries
• Medication
• Medical equipment (e.g., wheelchairs, braces)

In cases of serious injury, you might face long-term medical needs that require specialized care or procedures, further escalating financial burdens. Therefore, future medical bills may be considered when calculating your total damages.

Future medical expenses may include:

• Consultations
• Diagnostic tests
• Physical therapy
• Rehabilitation to regain skills for daily living and work
• Costs for in-home care or nursing assistance
• Modifications to a home to accommodate disabilities (e.g., wheelchair ramps)

Travel costs

Ongoing medical care often requires multiple trips over many weeks or months, and travel costs can quickly accumulate after an injury. Whether it’s trips to medical appointments or visits for rehabilitation, these expenses add up.

Every mile you travel incurs costs that should be considered in your personal injury claim. Gas prices fluctuate and parking fees may surprise you. If public transportation is necessary, those fares also count.

Each dollar spent on travel can contribute significantly to the compensation awarded for your injuries and inconveniences endured during recovery. Therefore, you should keep meticulous records of every trip related to your recovery.

Save receipts and document the purpose of each journey. These details strengthen your case when negotiating with insurance companies or during settlement negotiations.

Of course, these are just a few examples of economic damages. Your personal injury attorney can help you calculate the total monetary expenses you may be entitled to recover.

Non-economic damages

Non-economic damages represent the intangible losses a person experiences after an injury. Unlike medical bills or lost wages, these damages quantify pain, mental anguish, suffering, and loss of enjoyment in life.

Pain and suffering damages encompass the emotional and physical distress that follows an injury. Victims often face anxiety, depression, or even post-traumatic stress disorder (PTSD) after serious accidents.

These conditions can appear soon after an accident and persist long after physical healing has occurred. Other mental or emotional illnesses may not develop until after physical healing is complete. For example, PTSD could take months or years to appear and may come and go throughout a victim’s life.

When calculating pain and suffering damages, lawyers assess the impact of the injuries on your daily life using medical records, therapy notes, and other methods. Diaries or testimonies reflecting your journey through pain can also strengthen your case.

Using the Right Method to Calculate the Value of Your Claim

Lawyers also employ one of two techniques, the per diem approach or multiplier method, to assign a dollar amount to pain and suffering and other damages.

The per diem method

The per diem method is one way to calculate compensation for pain and suffering. This strategy calls for a daily monetary value to be assigned to the victim’s discomfort, based on his or her life circumstances.

To determine this figure, attorneys often consider factors such as age, occupation, and lifestyle. For instance, a 30-year-old athlete may have a higher daily rate than someone retired.

Once established, this amount is multiplied by the number of days the individual experiences pain due to an injury. For example, if your per diem rate is $100 and you suffer for 60 days post-accident, that would total $6,000 in damages attributed solely to pain and suffering.

The multiplier method

The multiplier method is a widely used approach to estimate compensation for both tangible losses and intangible costs in personal injury claims. When using a multiplier, the attorney will take your damages and multiply these by a factor typically ranging from 1.5 to 5. Serious injuries that lead to significant lifestyle changes may warrant higher multipliers.

Before applying the multiplier, you need a clear picture of your economic damages, which are the direct financial losses from your injury. For instance, if you incurred $20,000 in medical expenses due to an accident, applying a multiplier of 3 could suggest a total claim value of $60,000.

Factors such as liability play a significant role in calculating your compensation. If another party was at fault, his or her degree of negligence would impact how much you might receive.

Considering Punitive Damages

Punitive damages are awarded by judges or juries in cases of particularly egregious conduct. These are meant to punish the defendant and deter similar behavior in the future. Unlike compensatory damages, which are based on tangible losses like medical bills and lost wages, punitive damages are intended to punish the defendant and deter future misconduct.

Suppose your claim goes so far as a lawsuit, and the misconduct involved was extreme. In such a case, it may be possible for you to seek punitive damages in addition to the economic and non-economic value of your claim.

The amount awarded is typically based on the severity of the defendant’s actions and the need to send a strong message that anyone’s such behavior will not be tolerated. Calculating punitive damages in personal injury cases thus involves a careful assessment of the defendant’s conduct, the severity of harm, proportionality, and state laws.

In seeking punitive damages for their clients, lawyers present their calculations and arguments in court, emphasizing the need for punitive damages to punish the defendant and deter future misconduct. They may use expert testimony, financial records, and evidence of the defendant’s conduct to support the case.

Determining Liability for Fair Compensation

Liability plays a pivotal role in determining your compensation after an accident. If another person is found at fault, he or she may be held responsible for covering your medical expenses, lost wages, and other damages. However, if you share some responsibility for the incident, determining fault can become complicated.

New York operates under comparative fault laws. This means that your compensation may be reduced by the percentage of fault attributed to you. For instance, if you are deemed 30 percent responsible for a car accident while the other driver is 70 percent liable, your recovery amount would reflect that difference.

Insurance companies often leverage this concept during settlement negotiations. Insurers may try to pin an unfair share of blame on you to reduce their payout.

On the other hand, your personal injury lawyer can use his or her negotiation skills and legal knowledge to counter lowball offers and push for a fair settlement that reflects the full value of your damages.

Seeking Maximum Compensation and Dealing With Counteroffers

Once the full value of your claim is determined, your lawyer can draft a detailed demand letter to the insurance company. This letter outlines the facts of the case, the extent of your injuries, and the amount of compensation you are seeking.

Your legal team can strategically create a demand letter that reflects the true value of your claim, aiming to maximize your potential settlement. A well-crafted demand letter can enable you to negotiate from a position of strength.

The negotiation phase is often the most challenging part of settling a claim. The insurance adjuster may respond to your demand with a counteroffer, which is likely to be significantly lower than your initial demand.

Starting With a Free Consultation

Don’t let mounting medical bills and lost wages add to your stress. Understanding how personal injury lawyers calculate the value of claims can be empowering, especially during such a challenging time.

At Hill & Moin LLP, we understand the emotional and financial toll an injury can take on you and your family. If we take on your case, our compassionate and experienced personal injury attorneys will fight for the full compensation you deserve.

We stand ready to help you navigate this difficult journey and secure the financial recovery you need to move forward with confidence. Are you ready to learn what our results-oriented lawyers can do to maximize the value of your claim?

It all starts with a free consultation where we can assess your claim and discuss your Personal Injury Recovery SolutionsⓇ. You can reach our representatives 24/7 at (212) 668-6000 or complete our online form. Let us stand by your side and help you reclaim your life.

Don’t wonder about your rights!

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There are around 600,000 pet pooches in New York City, living in close quarters with more than 8.3 million inhabitants. With so many people and canines in a confined space, it is no surprise that sometimes things go wrong and people get bit. If this has happened to you, you probably wonder whether the dog’s owner is liable and you can pursue compensation.

New York state laws allow NYC dog bite victims to pursue compensation. However, suing dog owners for their pet’s misdeeds can be trickier in New York than in some other jurisdictions. Whether a dog was already deemed dangerous before it attacked could impact the types of damages you can pursue.

This post will explore NYC dog bite laws and uncover situations when the animal’s owner could be liable. We will also discuss how to seek justice when a dog attacks.

New York Dog Bite Laws

NYC dog bite laws are particularly complex and combine elements of 3 distinct legal principles:

1. Strict liability: When a dog owner is automatically liable for the actions of his or her dog

1. Negligence: When the animal’s owner or person looking after the dog did not take reasonable steps to control the dog

1. One-bite rule: When the dog’s owner was aware of the dog’s vicious propensities before the dog bit the victim, he or she may be found liable for its actions

New York City-dwelling dog owners need to be aware of these laws to protect themselves from being sued. If you have already sustained a dog bite injury, it is important to understand how New York handles dog attacks so you can pursue the compensation you need.

When an Owner Is Liable for a Dog Bite

If a dog is deemed dangerous, its owner may have to pay some of the victim’s expenses. There are two ways a dog may be deemed dangerous – through a special hearing or in the course of a personal injury lawsuit.

Hearings on dangerous dogs

New York state does not define a dog as dangerous simply because it bites someone. After receiving a complaint from a law enforcement officer or member of the public, a hearing may be held to determine whether the dog is dangerous and whether any measures are necessary to protect the public.

Definition of a dangerous dog

According to NY Agric. & Mkts. Law § 108(24), a dangerous dog is defined as:

• One that kills or seriously injures a farm animal, pet, or person

• One that behaves in a manner that would cause a reasonable person to believe the dog poses a threat of serious physical injury or death to a farm animal, pet, or person, or;

• One that injures or kills a guide dog, hearing dog, or other service animal in an unjustified attack

Justification for aggressive behavior

The judge will also consider whether the dog’s conduct was justified in the situation. Under New York laws, some justifications could include:

• The person was attacking the dog’s owner or his or her property at the time of the attack

• The victim was tormenting either the dog or its offspring or had done so in the past

• The dog acted in response to pain, injury, or the threat of attack

If a judge determines that the dog is dangerous, he or she may require the dog owner to pay the medical expenses of any person or animal injured by the dog. Additionally, the animal’s owner may be ordered to carry up to $100,000 in liability insurance to cover any future harm the dog causes.

Dog deemed dangerous in a civil lawsuit

In a personal injury lawsuit, dog owners can be found liable for a victim’s medical costs if the dog meets New York state’s definition of dangerousness. This applies even if the dog owner did not act negligently and did not know the dog had a propensity for viciousness.

For example, if a dog attacks a victim without provocation and causes physical injury, it is considered to be a dangerous dog. The owners would be liable for the dog bite victim’s medical expenses.

However, the victim’s personal injury lawyer must prove that the dog is dangerous. He or she must present clear and convincing evidence that the dog is dangerous and that the victim deserves compensation. Yet, even if this is proven, it is only possible to win damages for medical expenses.

In order to receive compensation for other losses, such as lost earnings, disfigurement, or pain and suffering, the dog must have been known to have a propensity for viciousness.

Awareness of a dog’s vicious propensity

Many states, including New York, follow some form of “one-bite rule.” This means that when the owner knows his or her animal is potentially dangerous, then that person is liable for the animal’s actions.

The nickname for these laws may make it sound like dog owners get one free bite. However, it is worth noting that near-misses, not just actual attacks, may also be used as evidence of a dog’s vicious propensity that requires owners to take action to protect the public.

When a New York dog owner becomes aware of his or her animal’s vicious propensities, the owner becomes liable for much more than medical expenses. However, the situations in which a dog bite victim can recover all of his or her losses from a dog owner are still limited.

To prove the owner is liable for all damages, a personal injury lawyer must prove that the owner knew about the dog’s vicious propensities and that these tendencies were the direct cause of the victim’s injuries.

The Bard v. Jahnke decision established this legal rule in New York. Although this case involved an attack by a bull, it established that the owner must have prior knowledge of his or her animal’s vicious propensities to be liable for the defendant’s injuries.

Scenarios When You May Be Unable to Sue the Dog Owner

Unlike most states, New York does not allow dog bite victims to pursue damages based on negligence alone. This means that you may be unable to sue a dog owner if they were breaking local ordinances when the attack happened.

Failing to follow the NYC leash law

In New York City, dogs must be leashed in public places. It is easy to assume that this would mean a dog bite victim could sue the dog’s owner if he or she failed to obey this law. However, past cases suggest this legal argument may not always yield good results.

For example, in 2009, a mail carrier attempted to sue a homeowner when she got injured running away from an unleashed dog. However, the Court of Appeals upheld the original decision that the owner was not liable for the dog’s actions.

It is important to remember that each dog bite case is unique. For example, in the 2009 case, the dog did not attack the postal worker, which may have impacted the final outcome. So always talk to a qualified and experienced New York City personal injury lawyer to explore your legal rights before making any decisions after sustaining a dog bite injury.

Waiting too long to file

In all civil cases, the relevant statute of limitations applies, meaning that you only have a limited time to file your case. If you wait too long after sustaining a dog bite, you may no longer be able to file a claim and seek compensation.

Statutes of limitations vary depending on the type of case. Talk to an experienced dog bite attorney as soon as possible after the attack to understand your legal options and whether it is possible to hold the dog owner liable.

Deliberately provoking the dog

If a dog bite victim provokes a dog into attacking, the owner’s liability may be reduced, or he or she may not be liable at all.

Provocation could include:

• Teasing
• Abusing
• Tormenting

The dog may also be provoked if the dog bite victim unlawfully entered the dog owner’s property. In such cases, the owner may not be found negligent, even if the attacking dog had already been deemed dangerous.

Other Parties That Could Be Held Liable

New York laws on dangerous dogs state that either the owner or lawful custodian of a dangerous dog may be held strictly liable for medical costs resulting from a dog bite. Thus, in some scenarios, someone other than the dog owner could be found liable and be sued.

This could include veterinary clinics, who can be held liable for the actions of animals on their premises. This was established in the Hewitt v. Palmer Veterinary Clinic case, in which a dog who had just undergone a medical procedure attacked a person sitting in the veterinary clinic’s waiting room. Although the veterinary clinic did not have prior knowledge of the dog’s vicious propensities, it was still sued for negligence.

Although dog bite laws are particularly complex in New York, do not be quick to assume that you do not have a case. An experienced dog bite attorney can listen to your story and advise you on your rights. Do not miss your opportunity to pursue compensation for your medical costs and other losses if the dog is deemed to be dangerous.

What to Do After an NYC Dog Bite

After ensuring you are safe, seek immediate medical help. Medical records may help to establish a clear link between your injuries and the dog attack if you choose to pursue a dog bite claim.

If you are able, gather the following information at the scene:

• Contact details of the dog’s owner
• Eyewitness information
• Pictures of the scene and your injuries

Anyone attacked by a dog or who witnesses a dog attack can report it to the police, local animal control, or NYC health services. All dog bites must be reported within 24 hours. This could form part of the evidence supporting a dog bite lawsuit in the future.

Before talking to anyone else about your case, including the insurance company, you should speak to a personal injury lawyer. He or she will listen to your account and consider the strongest legal basis for a dog bite claim. If the law firm agrees to take on your case, they will handle all aspects of the claim, allowing you to focus on your recovery.

Let Hill & Moin Navigate NYC Dog Bite Laws for You

The personal injury lawyers at Hill & Moin understand that dog attacks can have devastating consequences. We offer all dog bite victims a completely free and confidential initial consultation. This is your chance to tell your story as we listen compassionately and evaluate your legal options.

While NYC dog bite laws are complex, they are in place to protect the public and dog bite victims. An experienced dog bite attorney can use his or her experience of similar cases to advise you on Personal Injury Recovery SolutionsⓇ that give you higher chances of success. If we take on your case, our dedicated legal representatives will fight tenaciously on your behalf.

A free case evaluation could be the first step toward justice. Schedule one today by calling us 24/7 at (212) 668-6000 or filling out our online contact form. 

Don’t wonder about your rights!

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It was a day like any other when Deon F. reported for duty as a cable technician. Little did she know that her workday was about to be turned upside down by a frightening accident. As she went to climb a ladder to pull cables through a drop ceiling, she realized that despite previously alerting her supervisor to the unstable nature of the ladders used by employees, the ladder she used that day was indeed still unsteady and unsafe. Suddenly, as she was focused on the cables she was working on within the drop ceiling, another worker on the job site bumped into the already-wobbly ladder she was standing on. She was sent careening to the ground and suffered a broken ankle from her terrifying fall. Unfortunately, her injury was so severe that she required surgery to correct the damage. Luckily, she reached out to the esteemed attorneys at Hill and Moin, LLP who swiftly came to her rescue. Deon F. loved that the attorneys always promptly and sufficiently addressed her questions and concerns, adding that the communication from the staff was consistently outstanding. She expressed her gratitude for the stellar outcome achieved by Hill and Moin, LLP and was elated with her impressive settlement of $500,000! Ready to put this traumatic ordeal behind her, Deon F. is looking forward to building her savings to keep on hand for all that life may bring.

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Accidents and intentional wrongdoing cause pain and suffering. Still, some accident victims can only recover economic losses in personal injury cases.

Whether your personal injury lawsuit includes pain and suffering damages depends on several factors. Some accident victims do not realize that their emotional anguish qualifies them for additional compensation. In other cases, state laws limit damages.

What about New York? Yes, you can sue for pain and suffering in New York State, for serious injuries only. 

At Hill & Moin LLP, our lawyers want the best for you. If you are hurting due to someone else’s actions, you should get the pain and suffering compensation you deserve. That’s why we are here; we can help you build a strong personal injury claim.

Hill & Moin’s New York personal injury lawyers treat you like family. We are determined to secure maximum pain and suffering damages for each client, if possible under state law. Call us at (212) 668-6000 to schedule your free legal consultation. 

Understanding NY Pain and Suffering Lawsuits

Did you know that the success of many personal injury cases hinges on duty? A legal duty is an obligation to conform your actions to a specific standard expected by others.

Consider this scenario. If you have a medical operation, the surgical staff should wash their hands and wear surgical gloves. You would also expect them to avoid unreasonable practices like smoking cigarettes in surgery. Thus, if medical professionals act (or fail to act) reasonably, they could be violating the duty owed to the patient.

The defendant’s negligence or intentional behavior caused injury

Suppose you can prove the defendant failed a duty. You must also demonstrate the defendant’s negligent actions or purposeful wrongdoing caused injury to you.

For instance, a botched surgery could cause physical injuries. An experienced attorney could help you collect evidence to show that your troubles directly resulted from the defendant’s failed duty or intentional misbehavior.

Pain and suffering resulted from the injury

Once you establish the defendant’s duty and its results, you must explain how the incident affected your life. Your explanation will aid the court in calculating pain and suffering compensation.

Are you experiencing any symptoms of pain and suffering? Consider the following:

• Mental health issues: Post-traumatic stress disorder, depression, and anxiety are emotional damages that could result from trauma
• Long-term disability: Some injuries and illnesses last for an extended period, often leaving an accident victim unable to work
• Shortened life expectancy: Some medical conditions reduce the average expected life span
• Complications to daily life: Injuries and disabilities can make everyday living tasks difficult or impossible without help
• Discomfort: Injuries like strains, fractures, and damaged joints can cause uncomfortable sensations
• Shame, fear, or embarrassment: Amputations, scars, and mobility issues create social and emotional challenges

You can pursue pain and suffering damages in various types of personal injury cases, including:

• Car accidents
• Nursing home abuse
• Premises liability
• Police brutality
• Workplace accidents
• Wrongful death

What about when an accident happens at work? In New York, you must report your injury to your employer to benefit from workers’ compensation.

New York workers’ compensation

In New York, workers’ compensation insurance provides cash benefits and medical care for employees who experience an accident or become ill directly due to their jobs. Fault is not a determining factor of a workers’ compensation claim.

You could claim benefits even if you were partially to blame for your injuries. However, there are exceptions. You cannot recover workers’ compensation benefits if:

• You attempted self-harm
• You hurt yourself trying to harm someone else, or;
• Your injury directly results from drugs or alcoholic intoxication

When you do qualify for work comp, your employer’s insurance company is responsible for paying work-related benefits, namely:

• Disability benefits of a percentage of your average weekly wage (or up to the maximum allowable amount and duration)
• Paid pregnancy and maternity leave for before your due date and after giving birth
• Medical treatment only from your designated health care provider (except in emergency cases)
• Payment of medical bills, necessary medicine, and medical devices
• Reimbursement for healthcare-related travel
• Lost wages if you are disabled and unable to work for more than a specified number of days

You cannot get pain and suffering damages from New York workers’ compensation insurance. You must file a separate personal injury case to recover non-economic damages. Learn more by scheduling a free consultation with our legal team based in New York City.

Calculating Pain and Suffering Damages

How are pain and suffering calculated in New York? There are two methods often used in the American legal system.

The multiplier method

Suppose you are awarded $40,000 for your car accident losses. Using the multiplier method, the amount of your economic damages is multiplied by a certain number.

The multiplier method might use a low number like 1 or 2 for a simple car accident. For severe injuries or extreme negligence (e.g. driving under the influence), a higher number might be used as a multiplier. In general, the number 5 is the highest multiplier used in the multiplier method.

So if your accident was moderately severe and the multiplier is 3, you could receive $120,000 ($40,000 times 3) for pain and suffering damages.

The per diem method

Another way of calculating pain and suffering damages is the per diem method. In this approach, the jury awards the plaintiff a certain quantity of money for each year, month, week, or day. Time begins on the date of the injury and extends into the future based on your expected life expectancy.

Besides these two methods, the pain and suffering damages calculated sometimes relate to the amounts awarded for economic losses. For instance, the medical bills of your injury might amount to $20,000, but now you experience pain that disrupts your normal daily life, including yard work, which you used to be able to perform but now causes you too much pain.

Suppose the cost of New York lawn care services would amount to $10,000 annually. How are the pain and suffering damages calculated in cases like these?

Unlike the multiplier method, which uses a number between 1 and 5 to calculate pain and suffering, the per diem method would multiply the amount of the annual cost for your loss ($10,000) by the remaining years of your life expectancy.

Maximizing Your Pain and Suffering Damages

Pain and suffering damages calculated according to the above-mentioned approaches are not necessarily maximized. There is no specific dollar amount that can be applied to pain and suffering. In court, a judge or jury will attempt to accomplish the difficult task of calculating damages.

Various factors influence how much (if any) pain and suffering compensation is awarded to the plaintiff. What you do now can affect the ultimate success of your personal injury case.

Physical pain

How can anyone understand the pain and suffering felt by someone else? If you share how you feel, you can strengthen your chances of proving pain and suffering damages.

For instance, ask the doctor to note your pain levels in your medical records while receiving medical treatment. You can also keep a journal of your daily life. In it, describe how your physical pain impacts your ability to participate in work, school, and family activities.

Emotional distress

Emotional trauma and mental pain cause genuine suffering and distress. For instance, after a motor vehicle accident, you might be afraid to drive or ride in a car. Nightmares of your car accident could keep you up at night.

If mental anguish continues long after a trauma ends, it may be possible to seek pain and suffering damages. Getting fair compensation is not easy. You will also need to gather evidence of your pain and suffering.

Your lawyer can help you analyze the intensity and duration of your symptoms. He or she can also consult psychological professionals to define your emotional injuries.

Claiming Financial Losses

Pain and suffering are categorized as non-economic damages. Your lawyer can tell you whether your claim qualifies to pursue these. Consider the examples of economic damages described below.

Property damage

This falls under economic damages, encompassing harm to real or personal property due to someone else’s negligence. It also includes intentional acts, such as theft or vandalism.

You could claim economic damages for the damage or destruction of:

• Residential property (e.g. home, lawn, driveway, garage)
• Commercial property (e.g. offices, stores, warehouse, farms, parking lots)
• Personal property (e.g. motor vehicles, bicycles)

Typical economic damages are the cost of restoring your property to its original condition before the incident. If this is impossible, the at-fault party would be liable for the cost of replacement and the financial losses associated with changes in market value. In the case of an auto accident, an insurance adjuster will assess the economic damages.

Lost wages

When injuries, pain, and suffering prevent you from working, you can suffer grave economic damages. Personal injury lawyers can calculate damages for lost wages and loss of earning capacity.

Lost wages refer to money you would have earned if serious injury had not interrupted your ordinary working schedule. It includes your regular salary, tips, and any vacation time you used for your recovery.

What if a permanent injury or disability means you cannot return to work or earn less than before your accident? You can sue for damages based on your loss of earning capacity.

Your legal team can calculate a dollar amount to request in your personal injury claim, considering factors like:

• Lost opportunities for promotions and overtime
• Lost 401K benefits
• Lost stock options
• Lost retirement pay

Keeping track of your employment documents and tax statements will help your attorney build your personal injury case.

Wrongful death damages

If you are related to an accident victim, you could qualify for wrongful death damages. Qualifying family members can seek compensation for:

• Medical bills accrued before the person died
• Economic damages associated with the end of the victim’s life (e.g. funeral, burial, cremation)
• The wages the victim was earning and would have earned in the future
• The lessened value of their inheritance
• Services provided by their loved one (e.g. cleaning, childcare)

Wrongful death lawsuits are a special type of personal injury action, but New York law prohibits awards of pain and suffering damages in such cases. “Sorrow, mental anguish, injury to feelings, or for loss of companionship” may not be considered.

Hill & Moin invites you and your close family members for a free initial consultation. Speaking with our compassionate staff about your pain and suffering is one of the best ways to learn about your legal options.

Medical bills

Getting proper medical treatment in the United States is often expensive. Traumatic brain injury (TBI) is one of the most costly auto accident injuries. One research study revealed that TBI medical expenses average between $4,295 and $40,930 per patient annually.

Compared to non-economic damages, medical bills are easier to calculate and track. Therefore relevant to your legal claim, make sure to keep your medical records in a safe place. Note even smaller purchases, such as medication bills and medical travel receipts.

Secure Your Future Now

Our clients know that receiving maximum compensation does not happen by chance. Rather, they have seen firsthand the extraordinary results of our methods and know that working with us is like having a lawyer in the family protecting your rights.

Hill & Moin’s legal team is ready to welcome you. Schedule your free consultation to learn how to claim damages for pain and suffering, either at our New York City law office or another location convenient to you.

Call (212) 688-6000 to discuss your Personal Injury Recovery SolutionsⓇ today. We can examine your case and help you understand whether you qualify to seek pain and suffering damages.

Don’t wonder about your rights!

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While on her way home after a long day’s work cleaning apartments, Mariia H. tripped on a sidewalk and fell, severely injuring her knee. Upon being told that her knee was fractured, Mariia H. underwent surgery. As she was reflecting on the incident, Mariia H. decided to seek legal representation. Mariia and her son came across Hill & Moin while reading a newspaper and contacted the office. Over the course of her recovery, Mariia H. was unable to return to work, as it was too taxing on her body. Mariia H. tried to preserve her life as normal, but quickly realized that she could not manage to perform her everyday tasks. Unable to care for herself properly, Mariia H. relied on those closest to her for assistance. The attorneys at Hill & Moin succeeded in settling Mariia H’s case for $750,000. She is very much satisfied with her experience at Hill & Moin, describing the attorneys as top-notch. Now that she has received her settlement, Mariia H. hopes to assist her son in his U.S. immigration process.

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After suffering harm due to someone else’s negligence, many injury victims recognize the need to seek financial compensation. Losses such as physical and emotional pain, missed days of work, and even potentially life-altering injuries can make a substantial economic impact on a victim and his or her family.

Injury victims often worry about the time and stress a potential personal injury lawsuit would take. These worries can prevent a victim from seeking fair compensation for his or her losses after suffering an injury.

At Hill & Moin, our team is determined to use our more than 50 years of combined experience to benefit each of our clients. We are ready to do what it takes to build a strong relationship with our clients like a “lawyer in the family” standing ready to help.

If you or a loved one has been hurt due to someone else’s negligence, contact our firm for a free consultation. The legal advice and guidance you receive can help you feel confident in planning your next steps. Call us today at (212) 668-6000 to schedule your free case evaluation and learn what our personal injury attorneys can do for you. 

Types of Personal Injury Lawsuits

A personal injury can result from a number of situations. While each case may still fall under the category of personal injury law, everyone is different and may have unique circumstances, steps, and timelines.

The lawyers at Hill & Moin have worked with clients who have suffered injuries in various ways, including car accidents, premises liability, workplace accidents, and medical malpractice.

Motor Vehicle Accidents

Car accidents are the most common reason for personal injury claims in New York. With an estimate of over 3 million vehicles registered in the state, it is no surprise that car accidents are a common occurrence.

Since New York is a no-fault car insurance state, compensation for most accidents is only available through a personal injury claim to a driver’s insurance company. Unless certain conditions are met, a person cannot file a personal injury lawsuit after a car accident to recover additional compensation.

A personal injury lawsuit after a car accident is only possible in the case of a serious injury such as:

• Significant disfigurement
• Bone fracture
• Permanent limitation of an organ or member
• Significant limitation of a function or system
• Substantially full disability for a certain number of days

Premises Liability

Injuries that occur on public or private property are common personal injury claims our New York lawyers handle regularly.

Common types of premises liability accidents include the following:

• Slip and fall
• Animal bites
• Elevator or escalator accidents
• Drowning accidents
• Fire accidents

Depending on the circumstances of the incident, a premises liability lawsuit can be filed against all responsible parties. After carefully examining your potential case, your lawyer can identify one or multiple liable parties, such as the person or entity who owns the building or premises, the person or entity who was in charge of managing or maintaining the building or premises, or the government agency that was responsible for the safety of the building or premises.

Workplace Injuries

The majority of workplace injuries fall under workers’ compensation. This coverage is a type of mandatory, no-fault insurance that is in place to compensate employees injured on the job. It provides compensation for losses such as medical expenses, future medical expenses, and limited compensation for lost wages.

This coverage is designed to cover injuries that occur in the workplace as well as injuries or illnesses that develop as a result of work-related duties. In most cases, an injured worker is unable to file a lawsuit to recover damages and must instead stick with the workers’ compensation provided.

However, there are some situations where an injured worker can file a claim outside of workers’ compensation, such as:

• If the injury was caused by a third party (not a fellow employee or the employer)
• If the injury was the result of an intentional act

When a lawsuit is an option, the injured worker can recover additional compensation than offered by workers’ comp. A consultation with a personal injury attorney can help you better understand your legal options.

Medical Malpractice

Medical malpractice refers to when a patient suffers an injury or illness due to the negligence of a medical facility or a medical professional.

Types of medical malpractice cases include:

• Missed or wrong diagnosis
• Lack of sufficient treatment
• Surgical errors
• Medication errors
• Foreign objects left in the body
• Insufficient safety measures

A thorough review of the circumstances surrounding your potential case can help your lawyer identify liable parties. He or she may be able to bring a legal case against the medical professional, the medical facility, or the government agency that operates the facility.

The Steps in a Personal Injury Lawsuit

Before starting any legal procedures, many injury victims have questions about the personal injury claim process. Let’s take a look at some of the steps a personal injury lawsuit can take. Keep in mind that each case is different and not all cases follow each of these steps.

Getting to Know You

When you work with a personal injury attorney, the first important step is getting to know you and your story. Even though the lawyers at our firm are well-versed in personal injury law and have extensive experience handling these cases, we don’t know you.

During your initial consultation and following conversations, your personal injury lawyer will ask questions and diligently listen to better understand your needs. The better we know our clients and their families, the better we can offer personalized, quality representation.

Gathering Evidence

An essential step of a personal injury claim process is gathering sufficient evidence. Depending on the type of personal injury and the circumstances surrounding the incident, the type and amount of evidence that is available can vary.

Your lawyer may be able to find evidence such as:

• Video surveillance footage
• Eyewitness testimony
• Maintenance logs
• Medical reports
• Police reports
• Employee interviews

Collecting sufficient evidence is essential for proving both liability and damages. Certain pieces of evidence can point to negligence that either contributed to or directly caused the injuries.

Other evidence can be used in a personal injury case to prove the extent of damages the victim suffered as a result of his or her injuries.

Discovery

During the discovery process, each side has the opportunity to see the opposition’s legal claims and defense. Important information and documentation are shared by each party, and depositions take place.

Although depositions happen outside of the courtroom, individuals are still under oath when answering a lawyer’s questions. Expert witnesses may be selected as well to provide insight and opinions on their subject of knowledge.

For example, in the case of a car accident, an accident reconstruction expert may be consulted. In the case of medical malpractice, a medical professional may give valuable insight into the circumstances of the injury.

Mediation and Arbitration

In order to come to a settlement agreement without the need to go to trial, mediation and/or arbitration may be used.

During mediation, both sides meet with a neutral mediator whose job is to help them reach a settlement agreement. This process can help lawyers decide whether a civil trial is the best option or whether an out-of-court settlement is better for the client’s interests.

During arbitration, both sides meet with a neutral third party in a setting that resembles a trial. Instead of both parties being able to meet a mutual agreement, the arbitrator has the power to make a final decision in the case and outline a binding settlement.

Trial

The majority of personal injury cases do not make it to trial. However, we understand that, at times, a trial is necessary in order to recover fair compensation for our clients.

The actual trial process consists of a number of phases, including the following:

• Selecting trial dates
• Selecting a judge and jury
• Presenting evidence
• Interviewing witnesses
• Reaching a verdict

Often, the actual trial itself is not a lengthy process, sometimes taking place over a few days.

Factors That Can Affect the Timeline of a Personal Injury Lawsuit

Now that you know the steps that are involved, how long does a personal injury lawsuit take? Each case is different, and there are many factors that can affect the timeline. However, while the belief may be that lawsuits are long and time-consuming, that is not always the case.

The experience of two of Hill & Moin’s recent clients illustrates this. One client who suffered a catastrophic injury when struck by a garbage truck as a pedestrian recovered his $4.85 million settlement in less than 1 year. Another client, who was injured as a passenger in a vehicle that lost control and struck a tree, was able to recover her settlement in 6 months.

Let’s consider three factors that may affect the timeline of personal injury cases: the statute of limitations, the length of the healing process, and the type of settlement.

Statute of Limitations

Each state has a statute of limitations, or a time limit, regarding personal injury cases. This means that an injured victim must begin the legal process within a certain amount of time in order to recover compensation for his or her losses.

The circumstances of each case can affect the length of time a person has to file a lawsuit.

Some common factors that can either lengthen or shorten the statute of limitations for a personal injury case include the following:

• If the injured victim was a minor or disabled on the date of the injury
• If the injury was not immediately obvious or detected
• If the liable party was a government agency
• If the liable party was a medical professional

Since, in some cases, the time limit to file is very short, consulting with a knowledgeable, local personal injury attorney is essential in ensuring all documents are filed on time.

How Long it Takes to Heal

Each injury is unique, and each person’s recovery process is as well. Since a personal injury settlement can include compensation for medical bills, it is important to understand the full extent of an injury before accepting a settlement offer.

In many cases, healing is not linear. There may be a period of improvement followed by a period of setbacks. Due to this, it is important to wait until maximum medical improvement (MMI) is achieved.

MMI may not mean that the person has fully healed. However, it means that the patient’s medical condition is stable and changes to his or her physical or emotional condition are not expected.

The amount of time it takes for an injury victim to reach MMI can influence how long his or her lawsuit takes.

When the Settlement is Reached

Another factor that determines the length of a personal injury case is how the settlement is achieved. At any point in the steps mentioned above, a settlement can be agreed upon by both parties.

If a personal injury trial is required, there are preparations that must happen beforehand. Additionally, court availability and other factors out of the control of the victim can impact the amount of time the case takes as well.

Call the Team at Hill & Moin After a Personal Injury

At Hill & Moin, we understand that suffering a personal injury is stressful for both the victim and his or her family members and loved ones. Our compassionate team is ready to offer our clients the legal representation and support necessary in their moment of need.

Working with a personal injury attorney means you can face the insurance company with confidence and recover the full amount of compensation you need to secure your future.

Learn about the Personal Injury Recovery SolutionsⓇ available to you with a free consultation with our firm. Call us today at (212) 668-6000.

Don’t wonder about your rights!

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Monasia Scantlebury was a front-seat passenger in a car that lost control and struck a tree. Ms. Scantlebury sustained a left femur fracture. She consulted Hill and Moin who handled the case with a high level of professionalism and dedication.

Ms. Scantlebury explained that she received the best guidance at Hill and Moin during a very difficult period in her life: “I had the best experience, the staff was very helpful and I was treated like family.”

Ms. Scantlebury recommends Hill and Moin to anyone who has sustained a severe injury and is looking for quality and professional representation. Ms. Scantlebury thanked Hill and Moin for taking care of her case professionally and in a timely manner: “They make sure they are on top of their game.”

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