Causes of Wrongful Death

The loss of a loved one is a tragic event. This is especially true when the loss of the loved one is the result of another person’s negligence or purposeful action. In such cases, the spouse or family members of the deceased can pursue a wrongful death lawsuit in order to receive compensation for the loss of the loved one.

Wrongful death lawsuits may arise out of a variety of circumstances. Below are some of the most common types of situations that can result in the filing of a wrongful death lawsuit.

Auto Accidents

Auto accidents of all kinds claim many lives each year. When the accident is not the fault of the deceased driver but rather that of another motorist, a wrongful death lawsuit should be filed. Following a car accident, trucking accident, or motorcycle accident, be sure to speak with an attorney about your legal entitlements.

Medical Malpractice

We expect our medical professionals to be competent and well-trained, and that no mistakes will occur during treatments, such as surgery or other forms of care. An instance of medical malpractice occurs when the health care provider is negligent. Some instances of medical negligence can be so serious that they result in death. In these cases, a wrongful death lawsuit against the negligent party is warranted.

Construction Accidents

Construction sites can be remarkably dangerous for the workers on the site as well as the people passing the site. Construction site accidents can result in major injuries, such as traumatic brain injury (TBI) and spinal cord injury. In some cases, a death may occur on the site. Whether your loved one was a construction worker or a passerby, you should file a wrongful death suit.

Slip and Fall Accidents

While slip and fall accidents are usually non-fatal, some of these sorts of accidents may prove quite serious. If the negligence of a property owner results in the loss of a member of your family, you need to seek legal compensation through a wrongful death lawsuit.

Defective Drugs

Pharmaceutical companies must provide consumers with safe, effective drugs to treat ailments and other medical conditions. However, more and more we hear reports about defective and harmful pharmaceutical drugs, some of which have even led to use-related deaths. Be sure to contact an attorney about your legal entitlements if your loved one died from using a pharmaceutical drug.

The legal team at Proner & Proner looks forward to speaking with you. Talk with our team of personal injury lawyers in New York City today.

Auto Accident and Emergency Vehicle Accidents

As many car accident lawyers can attest, there are very strict rules in place when it comes to giving the right of way to emergency vehicles. These rules are to ensure that ambulances and police cars have the ability to get to there destinations quickly and safely. If cars refuse to get out of the way of speeding emergency vehicles they can hinder care or assistance to others. In such instances, emergency vehicle accident lawyers in Manhattan and other areas of New York City will happily represent paramedics, ambulance drivers, police officers, and other emergency personnel who have been injured in an accident while on the job.

This does not mean however, that the fault always lies with the car driver when an emergency vehicle accident occurs. Indeed, in many cases, car accident attorneys know that the passenger car may not be responsible for the crash. For example, an ambulance may not have put their siren or lights on when approaching a heavily congested traffic area. This can be confusing for motorists who won’t be able to see the speeding vehicle until it is too late.

When an auto accident of this type occurs, it pays to have emergency vehicle lawyers on your side that can sort through the mess and ascertain who is at fault. Qualified legal experience is especially important when building a personal injury case as determining liability can aid you in getting the compensation you deserve for your injuries.

The Manhattan-based car accident lawyers at Proner & Proner understand what is involved when trying to represent individuals that have been injured in an emergency vehicle accident. With years of experience in the field, these New York City car accident attorneys are well versed in the laws regarding emergency vehicle accidents, their aftermath and the confusing tangle that can occur as information is gathered on the incident in question.

If you are New York resident that is thinking of pursuing a personal injury lawsuit after an emergency vehicle accident, Proner & Proner can help. Our team of wrongful death attorneys, trucking accident lawyers, motorcycle accident attorneys, and medical malpractice lawyers can help you. Contact the New York City personal injury lawyers of Proner & Proner today.

Auto Accident and Train Accident Lawsuits

In the Bronx, Brooklyn, Staten Island, Manhattan and surrounding New York City communities, motorists may give little thought to the idea of being involved in a train accident. Sadly, there were more than 13, 000 railroad related accidents in 2007 alone according to FRAOSA (Federal Railroad Administration Office of Safety Analysis). Of that number, 851 of those involved in a train accident were killed and over 8,800 sustained serious life altering injuries. With these numbers in mind, train accident attorneys like the ones found at Proner & Proner can assist individuals who have been hurt or lost a loved on in such a devastating collision.

The auto accident attorneys of Proner & Proner know that it is not always the fault of the car driver when a train accident occurs. Sometimes, for instance, a railroad warning light fails to go off or the guard rail doesn’t come down. While one may think it is always possible to hear an oncoming train the wind can take carry the sound away where it can’t be heard. This can be particularly disastrous if the railroad crossing lights are not working.

Drivers can be placed at risked in such scenarios. When car accidents occur due to these conditions, accident victims should file a personal injury lawsuit.

If you have been injured in a train accident, contacting the personal injury attorneys at Proner & Proner would be you best bet, as these professional auto accident attorneys are trained to gather the information you will need to make a solid case in court. Best of all, they do it on a contingency basis so if you don’t win your case you won’t have to pay.

Contact the Manhattan based Proner & Proner today and see what your options are regarding a personal injury lawsuit. The consultation is free and you may be able to obtain reparations for your pain, suffering, and medical bills.

Speak to legal professions who can help you. Our team of wrongful death attorneys, car accident attorneys, trucking accident lawyers, motorcycle accident attorneys, and medical malpractice lawyers can help you. Contact the New York City personal injury lawyers of Proner & Proner today.

Car Accident Lawsuits - Frequently Asked Questions (FAQs)

If you have been involved in a car accident that you believe to be the fault of another party, and have a serious injury, property damage, and/or medical expenses that result from the incident, you may be thinking about filing a lawsuit. If you are considering seeking legal advice from an attorney about your auto accident, the following frequently asked questions may be quite beneficial to you.

What should I do after an auto accident?

Naturally, you will first make sure that everyone involved in the car accident is receiving medical attention if needed. Then, if at all possible, you should take photos with your cell phone or digital camera, get contact information of the other driver and any witnesses to the accident, and jot down any special circumstances or details surrounding the accident.

If you have reason to believe that you might be involved in a lawsuit as a result of the car accident, you should get these photos, notes and contact information to your lawyer as soon as is feasible.

How long do you have to file a lawsuit?

This depends on what state you live in. Each state has its own statute of limitations, or deadline by which you must file a suit. This is one reason why it is vitally important that you contact skilled personal injury attorneys right away.

What compensation can you receive?

This is contingent on the nature and severity of your injuries, and the extent of all damages to property. If the other driver is at fault, you may receive monetary compensation for lost wages, medical expenses, your pain and suffering, damage to your property, and other damages or losses related to the car accident.

If one of your loved ones was killed in the accident, or died as a result of the accident, you may receive compensation for medical expenses, funeral expenses, loss of support, loss of companionship and other damages, as well.

Speak to legal professions who can help you. Our team of wrongful death attorneys, auto accident attorneys, trucking accident lawyers, motorcycle accident attorneys, and medical malpractice lawyers can help you. Contact the New York City personal injury lawyers of Proner & Proner today.

Personal Injury Lawsuits - Frequently Asked Questions (FAQs)

If you have sustained an injury that you believe was caused by another party, you may have grounds to file a personal injury lawsuit, and collect monetary compensation from that party under the law. Here are some of the most frequently asked questions about personal injury law.

What constitutes a personal injury?

The phrase personal injury lawsuits describe the sorts of lawsuits that address an injury that you have suffered to your body, mind or emotions, as opposed to an injury to your property.

How do you know if you have a case?

First and foremost, you must have sustained an injury. You need not have suffered an actual physical injury to have a case. A personal injury lawsuit may be based upon a wide variety of non-physical injuries. The second criterion for having grounds for a case is that your injury was caused by another party.

How soon after the injury occurs must you file a lawsuit?

Each state has its own statute of limitations which governs the amount of time you have to file a personal injury suit. Some states have a three-year limit, while other states have the time limit to file a lawsuit set at only one year for an auto accident case. You should be aware that if you fail to meet the deadline in your state for filing a personal injury suit, you will lose any chance of being awarded monetary compensation for your injuries.

So, it is very important that you seek legal advice from an attorney as soon as possible after an injury occurs; if you have reason to believe that your injury is the fault of another party.

What constitutes negligence?

Legally speaking, a person is considered negligent if he or she has failed to act like an “ordinary reasonable person.” Needless to say, there are many shades of gray in this definition, and this point often becomes hotly disputed in a court of law.

What are the standard legal fees for a personal injury lawsuit?

There aren’t any standardized fees, per se. What each lawyer charges to file a personal injury lawsuit and represent you is at his or her discretion. Many attorneys will take a personal injury case on a contingency basis, which means that the fee will be a certain percentage of the amount of monetary compensation you are awarded by the court.

Speak to legal professions who can help you. Our team of wrongful death attorneys, car accident and trucking accident attorneys, motorcycle accident attorneys, and medical malpractice lawyers can help you. Contact the New York City personal injury lawyers of Proner & Proner today.

Large Truck Accidents - Frequently Asked Questions (FAQs)

If you or a loved one has been involved in an accident with a large truck or semi truck as the other party, and you have reason to believe that the other party was at fault and there should be monetary compensation; you might want to file a lawsuit. Here are some of the most frequently asked questions about large truck accident lawsuits.

Who may be held responsible for an accident involving a large truck?

There could be several parties who might be held at fault in a large truck accident. For instance, these may include the trucking and/or shipping company, the truck driver, truck manufacturer, and more. A trucking company has a legal responsibility to maintain equipment properly and safely, and to monitor the drivers who drive their trucks. If it is shown that the accident was a result of improperly maintained equipment, or that the trucking company allowed an unsafe truck driver to operate their equipment, then that company may be held liable. If the truck driver is found to have been breaking a traffic law, driving in an unsafe manner or disregarding trucking laws, then the driver may be held responsible for the accident, also.

Why are accidents involving big trucks different than auto accidents?

In some ways, there is no difference. But in general, there are four criteria which an attorney will apply to an accident with a large truck:

1. State and federal trucking laws and regulations

2. Types of claims that may be filed against the trucking company

3. Type of research and investigation required by the lawyer

4. The special circumstances that only apply to truck accidents, such as wide turns, etc.

Can you sue the trucking company, or the driver, or both?

You may be able to file a lawsuit against both the trucking company and the driver, depending on the circumstances of the accident.

Who can sue for compensation for injury, property damage, or death as a result of an accident with a semi or large truck?

Either you or your spouse may sue. In the event of a death, a surviving spouse, child, or other relative might be able to file a claim. Every state has its own statute of limitations, or time frame, within which you may file a lawsuit after an accident with a large truck. If you fail to meet that deadline for filing, you will lose any chance of compensation.

For more information on large truck accidents lawsuits, you need to speak to legal professions who can help you. Our team of wrongful death attorneys, car accident attorneys, motorcycle accident attorneys, and medical malpractice lawyers can help you. Contact the New York City personal injury lawyers of Proner & Proner today.

Wrongful Death Lawsuits

A wrongful death lawsuit is much like a personal injury lawsuit, the difference being that the family of the injured party must file the claim. By doing this, the responsible party who is at fault for the injury can be sued for compensation. Compensation in a wrongful death lawsuit might include medical expenses, funeral expenses, loss of support, loss of companionship, property damage, and more. In a nutshell, any and all behavior that might result in a personal injury lawsuit may also be the basis for a wrongful death lawsuit.

What is a Wrongful Death?

In legalese, a wrongful death lawsuit is any death that was caused by a breach of the law. Often, negligence is a big factor in a wrongful death suit, as a breach of civil duty and the failure to act in a responsible manner. When a person fails to act in a reasonably responsible manner and causes an accident, that person is considered negligent by law and can be held accountable for damages that result.

Wrongful death may not only be caused by negligence, but also by behavior that is illegal, reckless, willful or wrongful. Wrongful death may also be caused by intentionally criminal acts.

Some common reasons for filing a wrongful death lawsuit include:

Who May File a Lawsuit for Wrongful Death?

Different states have different laws regarding which family members may file a wrongful death lawsuit. That being said, an immediate family member such as a spouse, mother, father, or child may file a wrongful death lawsuit in every state.

Is it Morally Wrong to File a Wrongful Death Lawsuit?

Some people feel that filing a wrongful death lawsuit means that they are trying to profit from the death of a loved one. But that is not the case! A wrongful death lawsuit brought against a company that was negligent in its unsafe working conditions for employees, for instance, might prevent other innocent people from being killed.

If you feel that you have the basis for a wrongful death lawsuit, do not hesitate to seek legal advice from an attorney as soon as possible. It is beneficial to talk to a lawyer who regularly handles wrongful death lawsuits. At Proner & Proner, our team of personal injury lawyer in New York City can help.

Premises Liability and Slip and Fall Lawsuits

To put it in plain and simple terms, the premises liability laws are there to hold property owners responsible if someone is injured on their property as a result of unsafe conditions. Injuries might range from slight to severe or incapacitating, and may even have resulted in a death.

Here are some of the more common causes of premises liability lawsuits:

Some of the most common injuries that are incurred as a result of unsafe property are:

  • Head injuries
  • Spinal cord injuries
  • Bone fractures
  • Burns

If you have sustained an injury while on someone else’s property because it was unsafe in some way, you may be entitled to compensation for damages such as medical expenses, lost wages, pain and suffering, and punitive damages. Punitive damages are awarded as a means of punishing the property owner.

Who Can File a Claim for Premises Liability Damages?

This can get tricky. There are factors that will influence your ability to file a claim. These factors include your reason for being on the property, your ability to prove negligence on the part of the property owner, and when you file your claim. States have different statutes of limitations on when to file a claim, which is one reason why you should seek legal advice and get an attorney as soon as possible after being injured on someone else’s property.

Property owners have a legal responsibility to maintain property that is safe and to post warnings about any conditions on the property that might render it unsafe. If a property owner failed to do these things, and you sustained an injury as a consequence, you should talk to a lawyer who handles premises liability lawsuits right away.

For more information on premises liability lawsuits, you need to speak to legal professions who can help you. Our team of wrongful death attorneys, car accident and trucking accident attorneys, motorcycle accident attorneys, and medical malpractice lawyers can help you. Contact the New York City personal injury lawyers of Proner & Proner today.

Why should I hire a lawyer for my personal injury case?

In New York City and abroad there are hundreds of individuals who feel the need to file a personal injury case after an accident. Some of these individuals will try to take on the enormous task of pursuing their personal injury lawsuit on their own. This is hardly advisable as only an experienced personal injury lawyer will understand the complex nature of tort law litigation. Read the rest of this entry »

Determining Liability for Wrongful Death Lawsuits

The Manhattan legal team of Proner & Proner is very adept at helping New York residents sort through the confusing jumble of legalese that is inherent to any wrongful death lawsuit. These knowledgeable and accomplished wrongful death attorneys are extremely accomplished at helping clients establish the fault of the negligent party and/or parties. Establishing liability is essential if you wish to obtain the financial compensation you need to function after a wage earner or a head of household family member expires. Read the rest of this entry »