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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.

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J.G. was heading home with his wife. They had stopped at the traffic light located at the top of the hill. While waiting for the light to change from red to green, J.G.’s vehicle was rear-ended. Upon the impact of the collision, J.G. immediately began feeling pain in his neck and right shoulder. He attempted to continue driving home but the pain became unbearable. He instead drove to an urgent care where he was informed that he had suffered a fractured right clavicle as a result of the car accident.

J.G had litigated a prior injury case with Hill & Moin at the helm, so when he suffered the fracture in this accident, he immediately retained their services again. With trust and confidence in their abilities, he hoped for a speedy settlement which was delivered.

When J.G. was informed of the outcome in his case, he was very satisfied. He thanked Hill & Moin for doing an excellent job in handling his case. He cited their office’s excellent communication with him on the status of his case. In his opinion, Hill & Moin is the best personal injury law firm in New York and that if he, or anyone, were to need legal representation on a case, Hill & Moin should be the first and only office to call.

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F.O. had stopped at a gas station to fill up his vehicle. When he finished using the pump, he began to walk over to the convenience store to get change. He was halfway there when a vehicle came out of another pump and struck him on his right side. The force of impact resulted in F.O. suffering a torn rotator cuff in his right shoulder and required immediate medical attention. An ambulance was called, and he was transported to Putnam Hospital Center. F.O. would eventually require and undergo right shoulder surgery and months of physical therapy.

F.O. began to seek legal representation and was looking for a law firm with decades of experience and excellent reviews. A colleague recommended that he contact Hill & Moin and upon calling their office, Hill & Moin conducted an intake inquiry and set up an appointment for him to meet our staff and attorneys. Upon being retained by F.O., Hill & Moin began working hard with diligence to ensure that F.O. would receive the best possible resolution. Thanks for their experienced attorneys and staff, F.O. was awarded the full policy limits for liability insurance policies. The attorneys were also able to negotiate an excellent settlement on plaintiff’s underinsurance claim under his own policy.

When F.O. was informed of the news, he was delighted. He thanked the staff and attorneys for their excellent representation and described our office as “very efficient, cordial, exceptional, professional and hard-working”. F.O. stated that he would highly recommend Hill & Moin to anyone who suffered an injury as a result of a motor vehicle accident and is looking for quality legal representation from one of the best law offices in New York.

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M.D. was working on a window repair project at a tenant’s home. He grabbed his tools and climbed a 10-foot ladder to begin his inspection. While he was on the ladder, the extension snapped off and M.D. fell to the floor and landed on the stairwell. This fall resulted in M.D. suffering a head injury and tears on both shoulders.

M.D. began his search for a highly qualified attorney to represent him in his case and guide him through the legal process. A colleague recommended that he contact Hill & Moin due to their decades of experience in personal injury cases to explore the possibility of a 3rd party case. M.D. called their office and Hill & Moin immediately set up an appointment to meet with him and conduct an inquiry. The attorneys explained the legal process of commencing an action and made a commitment to achieve nothing short of the best possible resolution in his case. Thanks to their relentless will to fight for their clients, M.D. became the recipient of a $395,000 settlement.

When M.D. was informed of the settlement, he was joyous. Hill & Moin had done an excellent job on his case. M.D. stated that he would recommend Hill & Moin to anyone who is looking for high quality legal representation from one of the best rated personal injury law firms in New York.

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Galyna, a 73-year-old Ukrainian caregiver from Brooklyn, was taking out the garbage on the first day of her new job when she fell down the steps in a dimly lit garage, fracturing her ankle.

Fortunately, someone in Galyna’s community recommended that she contact Hill and Moin, LLP. The attorneys at Hill and Moin, LLP, took time to discover all the facts relevant to Galyna’s case and prepared her for the different steps of her case, including getting her ready for her deposition.

Finally, the attorneys at Hill and Moin, LLP made sure that Galyna received the best possible compensation for her injury and negotiated a $285,000 settlement. Galyna was very happy and looks forward to using her settlement towards buying an apartment.

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Aleksandre L. was driving some passengers for work when he was rear-ended by a negligent driver. Due to this accident, Aleksandre L. suffered injuries to his knee, shoulder, and spine.

Because of this accident, Aleksandre L. began searching for a law firm that could best represent him. After speaking and meeting with the attorneys at Hill & Moin LLP, Aleksandre L. confidently retained them to handle his case. The service of the attorneys and staff at Hill & Moin LLP went above and beyond his expectations. By the end of all their hard work, Aleksandre L. became the elated recipient of a $875,000 settlement.

When Hill & Moin LLP informed Aleksandre L. of his settlement award, he was relieved to see that he made the right decision choosing Hill & Moin LLP. Despite the COVID-19 pandemic, his case moved ahead to a superlative conclusion. Aleksandre L. was extraordinarily happy with Hill & Moin LLP. The friendly ambience and efforts by staff to continuously update him on the status of his case further gained his confidence. Aleksandre L. plans to use the proceeds to bring his family over to the US. He strongly recommends Hill & Moin LLP to anyone searching for the very best legal representation.

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Karina, a 71-year old Russian-speaking physician, was visiting her local Brooklyn grocery store when she tripped over a black crate left on the floor and fell forward, striking her face into the ground. Because of this accident, Karina suffered a facial injury and complained of headaches.

Fortunately, Karina knew who to contact for representation after this terrible accident. She had been represented by the attorneys at Hill & Moin, LLP before and knew that with Hill & Moin, LLP she could expect a very comfortable experience and easy communication with the firm’s Russian-speaking staff.

Karina was thrilled to hear that the attorneys at Hill & Moin, LLP were able to negotiate a $100,000 settlement for her. She looks forward to being able to use her settlement for home goods, phones, a car, and land.

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Patrice G. was walking to the elevator while at work when she tripped and fell on a hazardous floor where contractors had been working, resulting in a torn meniscus in her knee and a torn rotator cuff in her shoulder.

Patrice G. was highly recommended to the law firm of Hill & Moin LLP through her Worker’s Compensation attorney. She called the office and the attorneys at Hill & Moin LLP were able to thoroughly investigate the matter and litigate it to a successful conclusion. After all was said and done, Patrice G. became the happy recipient of $225,000.

Patrice G. was thrilled when Hill & Moin LLP informed her of the settlement award. Despite the fierce litigation and the COVID-19 pandemic, Hill & Moin LLP was able to resolve a complicated case with a most favorable result. Patrice G. described Hill & Moin LLP as an excellent firm that kept her informed of everything that was going on. Whatever her attorney knew, she knew! Patrice G. plans to use the settlement proceeds to renovate her home and pay off some debts. Patrice G. genuinely recommends Hill & Moin LLP to anyone searching for excellent legal representation.

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Mr. IT was walking down the sidewalk when he tripped and fell on a defective sidewalk. The incident resulted in IT suffering an ankle fracture. IT consulted with our office with confidence that we would help him achieve the best results possible.

After meeting with the Hill and Moin attorneys, they immediately started working on his premises liability case.

Mr. IT was very pleased upon learning the outcome of his case.

He praised Hill and Moin for accomplishing what they promised to do; the settlement was higher than he ever could have imagined.

Mr. IT highly recommends Hill & Moin to anyone who has suffered a serious personal injury as a result of a negligence and is looking for high quality and professional legal representation.

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