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Tenant Who Suffered Trip & Fall From Defective Step in NYCHA Building Receives Six Figure Settlement

March 17th, 2021 by

J.M. was living in a NYCHA building with his girlfriend. He had decided to head outside and took the stairs. He was going down the stairs when he tripped and fell due to a defective step. This incident resulted in J.M. suffering a fractured left foot.

J.M.’s search for a well-established and professional law office with decades of experience led him to Hill & Moin. He investigated their prior results and knew this was the firm for him. He gave them a call and their office immediately began working on his case. Thanks to their legal expertise and determination to obtain the best results, J.M. became the recipient of a six-figure settlement.

J.M. was very pleased upon learning the outcome of his case. He described working with Hill & Moin as excellent and commended their great communication skills and exceptional staff. J.M. highly recommends Hill & Moin to anyone who has suffered a serious personal injury as a result of an accident and is looking for high quality legal representation.

Civilian Who Suffered Slip & Fall On Ice in Parking Lot Receives $260,000 Settlement

March 13th, 2021 by

Audrey C. and her husband were heading to their car that was parked in a parking lot. She had noticed that a truck was blocking the exit to the driveway and her car would not be able to squeeze through. She decided to walk over to the two truck drivers to ask that they move their truck and as she was walking over, she slipped and fell due to ice. Audrey C. suffered a fractured leg.

Audrey C. began searching for legal representation and was recommended by a colleague to Hill & Moin. Although the case was complicated by a bankruptcy, through Hill & Moin’s many years of experience and legal expertise, Audrey C. became the recipient of a $260,000 settlement. The client raved about the quality of legal representation she received and could not have been happier with the outcome.

Visitor Who Suffered Trip & Fall Accident On Defective Stairs Receives $355,000 Settlement

February 26th, 2021 by

M.L. never could have imagined that a visit to her sister would end in a fall on defective steps causing a fractured ankle. She knew that she would pursue her legal remedy.

M.L. decided to search for a reputable law firm with many years of experience and proven results and was recommended to Hill & Moin. Upon contacting the office of Hill & Moin, she sat with attorneys who understood what she was going through and explained all the nuances of the legal proceedings. Thanks to their hard work and legal expertise M.L. knew she had attained the best possible results – a $355,000 settlement.

M.L. was very impressed and ecstatic with all that Sandy and Cheryl did for her. She appreciated all of the attorney and staff members’ exceptional communication skills in answering her questions and responding to her concerns. M.L. plans to use some of her settlement proceeds to go on vacation to Puerto Rico and visit friends and relatives. She recommends Hill & Moin to all seriously injured victims looking for experienced and reputable legal representation.

Retired Dentist Who Suffered Trip & Fall Due To Defective Sidewalk Receives $350,000 Settlement

February 9th, 2021 by

G.D., a retired dentist, wanted to enjoy a cool and beautiful summer night. He met up with his son to catch up and walk over to the boardwalk. G.D.’s son was walking in front of his father when he suddenly heard his father fall behind it. This incident was caused by a defective sidewalk and resulted in G.D. suffering a torn meniscus, partial ACL tear in his right knee and fractured arm.

G.D. began his search for a high quality and reputable law firm with proven prior results and was recommended to Hill & Moin. He looked into the firm and was impressed by their prior results and the high reviews online by former clients. G.D. contacted and retained the firm. Hill & Moin immediately went to work on his case and thanks to their legal expertise, drive and determination to achieve the best results, G.D. was the recipient of a $350,000 settlement.

G.D. was very impressed upon learning the outcome of his case. He described working with Hill & Moin as excellent and commended the staff members for their wonderful communication. G.D. highly recommends Hill & Moin to those looking for a most qualified and excellent law firm to handle their personal injury cases.

Brooklyn Churchgoer Who Fell Down Church Step Receives $295,000 Settlement

January 29th, 2021 by

Little did T.S. know that when she went to the church food pantry, she would fall on an unmarked step when exiting the premises, resulting in a fracture of her left knee.

While searching for a top-notch personal injury firm, she was recommended to Hill & Moin. T.S. did her research and was extremely impressed by the firm’s prior results and settlements. She retained the firm and, thanks to Hill & Moin’s dedication, T.S. was the recipient of a $295,000 settlement.

T.S. was excited about the unexpected outcome of her case. T.S. emphasized that the attorneys did an excellent job handling her litigation and praised the staff who treated her so well. T.S. plans to use some of her settlement proceeds to renovate her house. T.S. recommends that seriously injured victims of negligence in New York City and New York State contact Hill & Moin.

Bike Delivery Worker Injured by Sidewalk Defect Receives $200,000 Settlement for Fractured Ankle

January 20th, 2021 by

 

Can I Take a Loan Out in Advance of Settling my Case?

December 14th, 2020 by

After suffering from a life-altering injury you will need substantial time to recovery and you may be unable to work and receive your usual paycheck. As you are recovering, you might see bills begin to pile up and experience a sense of panic as to how you are going to pay them. Personal injury cases may take years to settle and within that time the bills will continue to mount. Your workers’ compensation benefits might be delayed or might be insufficient to sustain your daily cost of living.  It might come as an initial shock to see that you won’t be able to pay your monthly bills and will need a loan to bridge the gap. No matter the case (slip and fall, construction accident, auto accident, medical malpractice) a loan may be the only route to help you stay afloat until the end of your case. In New York State, funding companies provide lawsuit loans or pre-settlement loans. This is a loan given to plaintiffs as they wait for their case to resolve.

Lawsuit loans are vastly different than personal loans. Generally, when you take a pre-settlement loan in a personal injury case, the lender will not seek repayment in the event that you lose your case, just as the personal injury attorney will not seek repayment of their expenses if you lose your case. This means that it is extremely risky for a funding company to lend money to you. As a result, the funding company will charge extremely high interest rates. Some interest rates may reach 27%-60%. Be certain to read the terms of your contracts to know exactly what you are signing.  Because the interest rates are so high, if and when you get a settlement, you may notice a large deduction from your gross recovery. The funding company will be paid back directly from your settlement proceeds. The good thing is the funding companies will not need to evaluate your credit history when offering you a loan because their determination whether to extend you a loan will be solely based upon the merits and value of your case.

How do I Know if I Need to Take Out a Loan?

The decision to seek a pre-settlement loan is a very serious one that can have major implications on your future financial recovery. Before you decide you need the loan, look at all your fixed costs and make a budget for yourself. Look to see if there are adjustments that can be made to your budget that might eliminate your need to take the loan. If friends or family can loan you money instead, you would be well advised to borrow from them instead of a funding company. Friends and family do not charge extremely high interest rates.

If you think a loan might be absolutely necessary, reach out to your attorneys to get their advice as to whether you should get such a loan. Your attorney may be able to advise you of the legal implications of the loan, and if you decide to proceed with the loan, advise you of the companies that may offer you the best terms. Never sign anything before carefully reading a funding loan agreement and speaking with your attorney. If you do proceed with the loan, you must understand that the interest owed to the funding company will grow exponentially over the life of your case.

If you recover money in your case, the funding company will have an enforceable lien on your funds. You will only receive your settlement check after the attorney is paid, the disbursements on the case are repaid to the attorney and all liens including loans, Medicare, Medicaid, doctors’ bills and public assistance repayments are paid. The amount you owe the funding company will come out of the settlement before you receive your check. So, it is important that you understand what you are getting yourself into before you rush into taking out a loan. Lawsuit loans are also not regulated in the manner of a personal loan such as a mortgage or car loan, which is why it is crucial you deal with a reputable company. Some might characterize the transaction, not as a loan, but as a high-risk investment in your case.

Medical bills, lost wages, and daily living expenses may collectively cause a great burden for you as you try to recover from a catastrophic injury. Your well-being is paramount as you await the settlement of your case. A loan may empower you financially and put you back on your feet as everything gets sorted out. Unfortunately, the loan may cost you a significant amount of your recovery from your case. Before you rush to borrow from a funding company, contact your attorneys to alert them to your financial situation so they may advise you of the best plan to secure your future.

Can I Switch Attorneys During my Personal Injury Lawsuit?

December 2nd, 2020 by

If you find yourself in a less than optimal situation with your current attorneys and are wondering if you can switch attorneys, the answer is yes. In New York State you have the right to switch attorneys at any point in the case. At the end of the day, it is vital that you are satisfied with your representation. Your relationship with your attorney is crucial to ensuring the success of your case. Your attorneys are speaking on your behalf, representing your interests, and serving your needs. There should be total trust between you and your attorneys, as well as open communication and agreement on the strategy you will pursue. It is important that your attorney is acting professionally, meeting deadlines, being consistent, making progress moving your case forward, communicating the status of your case, and working with you to achieve your mutual objectives. If you are not comfortable with your attorneys, it might be time to seek legal advice elsewhere or obtain a second opinion. This is your case, and you have the right have it handled by attorneys you trust. You and your attorneys should be a team, never adversaries. It is best to seek new counsel as soon as you see that your relationship with your original attorneys has become irrevocably damaged.

I Need to Change Attorneys, What’s Next?

If you decide it is time to change counsel, you should set up an appointment with new attorneys to set up a complimentary evaluation of your pending case. You and your attorneys will discuss all the issues with how your case has been litigated to that point and determine what is the best plan for your case moving forward. If you decide to make a change, your new counsel will ensure a smooth transition occurs in transferring the legal file from your old attorneys. Your new attorneys will take complete charge of the transition and ensure they promptly secure access to your legal file. You also will not have to worry about paying two sets of lawyers. If you later secure a financial recovery, you will still pay only one legal fee, and from that fee, the lawyers will resolve how the legal fee will be apportioned between the firms. But this should not and will not be your concern.

You might ask how the transition is made. Since you want to avoid a gap in representation you will want to retain new counsel prior to discharging your current attorney. Your new counsel will explain to you how to terminate the relationship in writing and ensure that the opposing attorneys, insurance carrier, and the court is all made aware that you have officially retained new counsel.

Your new attorney will ask you to bring any correspondence or documents that you have in your possession from your current attorney to your first appointment. Your new attorney will want to carefully review the file before committing to substitute for your original attorneys. You can expect the attorney to ask many questions in order to get up to speed on your case.

If your case has already been filed, your new attorney will prepare a “consent to change attorney” document. This is a formal notice to the court and all other parties involved that a new counsel is taking over representation.

Personal injury lawsuits can take years and it is important that you trust the firm you have retained. You need a firm that will communicate with you, respect you, and most importantly look after your best interests. Choosing an attorney is a big decision, and if you conclude that you might have chosen the wrong one, it is important for you to retain new attorneys you believe will best represent your interests.

Are Personal Injury Lawyers Worth It?

November 27th, 2020 by

If you break a bone, you wouldn’t think twice about consulting a doctor. If you are building a house, you would first call a contractor. But you may not know that when you find yourself in an accident, it is critical that your first call should be to hire skilled personal injury attorneys with ample experience understanding the nuances of the law so you can recover fair and reasonable compensation for your injuries.

If you are asking yourself whether it is worth it to hire a personal injury lawyer, the answer is clearly yes. Don’t convince yourself that you will be “saving money” if you decide to represent yourself. You will almost surely cost yourself far more money than you would pay qualified personal injury attorneys for their legal fee.

First, it is important to understand how personal injury attorneys get paid. Unlike attorneys that may offer you a service where they bill you by the hour, your personal injury attorneys will take a case on a contingent basis. This means that they will advance the costs of litigation on your behalf and will only recover those costs as well as their legal fee if they can secure you a financial recovery. Because personal injury attorneys do not make any money, and in fact lose money when they cannot secure monetary compensation for injured victims, they generally do not take cases they believe will not result in a financial recovery. If you entrust your case to a trusted personal injury attorney, you will know you have hired a skilled legal professional that believes in your case and will fight to get you every dollar you are owed.

Furthermore, the legal system is simply not set up for individuals to successfully represent themselves in personal injury actions. If you were to handle your own personal injury case in court, you would be responsible to know all deadlines for filing of legal papers, how to draft pleadings and motions and other legal documents and appear at regular court conferences. You would be responsible to comply with court orders you may not understand or else risk dismissal of your case. You would be expected to be know the legal requirements of your case, even though you lack the legal experience to do so. The defense would likely take advantage of your lack of expertise and inundate you with discovery demands that they know you will not be able to handle. Furthermore, you would not know when the defendants are demanding something proper and when they are simply fishing for harmful information that could hurt your case. Without an attorney, you would have an extremely difficult time navigating the complexities of your case and would likely lack the time and resources to succeed.

How Can a Personal Injury Lawyer Help Me?

When you hire skilled, experienced personal injury attorneys, they will handle every aspect of your case for you. This will ensure that you do not have to worry about the day to day requirements of prosecuting your case, and instead you can focus on getting medical treatment and recovering after a serious injury. You need trusted counsel who understands the law and how insurance companies operate. You need attorneys who know how to gather the proper evidence and hire experts that will maximize the value of your case. You need attorneys who will prepare you for every important question that you may be asked at your deposition. Finally, you need attorneys who know the value of your case and are skilled in negotiating the highest possible monetary value for your case. Without a trusted attorney on your side, you would have no idea when you are being offered fair and reasonable compensation for your injuries.

The insurance company you are filing a claim against will have attorneys fighting on their side, and you have the right to put up the same fight. In addition, insurance carriers simply do not take cases as seriously when victims do not retain a qualified attorney to fight for them. According to a study by Insurance Research Council, an individual who hires legal representation is likely to get a compensation package that is three times larger than any compensation you might receive on you own. There is truly nothing to lose and everything to gain by hiring trusted, skilled personal injury attorneys that will fight to get you the monetary compensation you deserve while you attempt to move on with your life following a devastating injury.

Who Pays for Injuries in a Bicycle Accident?

November 24th, 2020 by

As society increasingly becomes more environmentally conscious as well as health conscious, more and more people are turning bicycles. Not only are people starting to bike more often to avoid taking their cars, but it is also a great form of exercise. In New York City alone Mayor Bill DeBlasio added over 100 miles of new bike paths. Citi Bikes are taking the streets by storm, as you can now see racks of bikes on every corner. There are a recorded 20.6 million Citi Bike trips made in 2019. In addition, with the onset of coronavirus, there has been a boom in bike sales and an upward trend of bikers on the road. According to the New York Department of Transportation there are over 900,000 New Yorkers who ride a bike regularly; with over 510,000 cyclist trips made each day in New York City. However, biking in a big city has proven dangerous. New York city is full of hazards. There are cars, buses, pedestrians, other cyclists, and uneven roads at every corner.  Because of all these hazards, 2019 reported the highest rate of bicycle accident fatalities as over 30 people lost their lives, three times the rate of fatalities in the previous year. With a large number of cyclists, cars, and pedestrians all sharing the same space in a crowded city, accidents are bound to happen.

What are the Most Common Causes of a Bicycle Accident?

Many factors can contribute to a bicycle accident which may be caused by the negligence of a driver, pedestrian, or biker. Elements that may contribute to an accident are impaired vision or obstructed views, disobedience of traffic laws, driver’s inattention or distraction, defective signage, poor road conditions, failure to enforce speed limits, improper lane changes, following too closely, failure to yield, and failure to exercise necessary caution while operating a vehicle or bicycle. In addition, bike accidents can have catastrophic ramifications whether the accident involves an automobile and bike, two bikes, or a pedestrian and a bike. Accidents may result in traumatic brain injury, broken bones, spinal cord injuries, facial lacerations, and other soft tissue injuries.  Even if the bicyclist is equipped with all the necessary safety equipment, a bicyclist will often be thrown to the ground by the impact with resultant serious injuries. A bicyclist may bring a lawsuit against an offending motorist and may be entitled to compensated for pain and suffering and potentially lost wages as well. Always wait for the police to come to the scene and write up an accident report. A police report will contain the name of the motorist, owner, and insurance carrier for the vehicle, as well as a description of the incident. The report will note whether any violations have been issued to the driver and all contributing factors to the incident. It is also important to seek immediate medical attention even if in the moment you are not sure whether you are seriously injured. Adrenaline may mask the true extent of your injuries. Seeking medical attention will support your later personal injury claim.

When a bicyclist is struck by a motor vehicle there are bound to be numerous medical bills. The bicyclist is generally entitled to have all medical bills paid by the no-fault insurance of the motorist. If the offending vehicle is uninsured, no-fault insurance for any vehicle owned by the biker or insurance carrier of any vehicle of any resident with whom the bicyclist resides will pay the bills. If there is no motor vehicle owned in the residence, a New York resident may file a claim with MVAIC (Motor Vehicle Accident Indemnification Corporation). This is a non-profit organization which offers no fault or bodily injury coverage for those injured in a motor vehicle accident with no available insurance to cover costs. The attorneys here at Hill & Moin LLP can assist you in filing that claim. In addition, if there are two bicycles involved in the accident your attorneys will explore if there is either homeowner’s insurance or renters insurance on the part of the negligent bicyclist that may be available to compensate you for your injuries.

If the bicyclist is working on the job at the time of the accident, workers compensation will pay for the medical bills. If you are delivering food for your job or running an errand for your employer, you are entitled to workers’ compensation benefits in addition to filing a claim for your pain and suffering attributed to your injuries. Hill & Moin LLP will facilitate a free compensation with a skilled workers’ compensation attorney who can help you file all necessary forms with the New York Workers’ Compensation Board (WCB).

Underinsurance is also an important factor to remember. If the motorist who struck you only has minimum coverage of $25,000, which is required in New York, you should check your insurance policy of your own vehicle or the insurance policy of an owner of a vehicle with whom you reside. If the coverage is above the required minimum of $25,000, you may make an underinsurance claim with that  insurance carrier policy for additional compensation if you are able to secure a tender or surrender of the entire underlying insurance policy by the insurance carrier of the responsible party.

New York City passed Administrative Code 19-190 in order to try and reduce fatalities and injuries involving motor vehicles and bicycles.  This Code states that  “any driver  of  a  motor  vehicle  who  fails  to  yield  to  a  pedestrian or person riding a bicycle when such pedestrian or person has  the right of way… and whose  motor vehicle causes contact  with  a  pedestrian  or  person  riding  a  bicycle  and  thereby  causes  physical  injury,  shall  be  guilty of a  misdemeanor, which shall be punishable by a fine of not  more  than  two  hundred  fifty dollars, or imprisonment for not more than thirty days or  both such fine and imprisonment. In addition to or as an alternative to such penalty, such driver shall also be subject to a civil penalty of not more than two hundred fifty dollars” (NYC Admin Code 19-190). This code was enacted as a response to the great number of bicyclists who are injured by motor vehicles each year in New York City. Bicycle accidents can be highly complicated with respect to determining which insurance policy will pay for medical bills, lost wage, and pain and suffering. You need skilled, experienced attorneys who can help you navigate the maze of New York laws so you can get necessary medical treatment while you aggressively pursue financial compensation for your injuries.