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December 8, 2009

Landlord Liability – When to Litigate

As any tenant knows, there are ups and downs when it comes to renting a place to live.   Renting is most often cheaper, and when something needs to be done, the landlord has to attend to it.  On the flipside, the domicile is not your own and if you break your lease, you could end up paying a ton of money for a home you are no longer living in.

But when it comes to a premises related accident, i.e., a mishap that occurs on the landlords property, you are most often able to pursue the matter in civil court for damages.

Not every accident that happens in or around the landlord’s property can be brought to court however.  For example, if it is snowing outside and you slip and fall on the sidewalk, you are not entitled to a financial restitution for incurred injuries.  A property owner can do very little about the weather.

If however, the sidewalk as in need of repair, was uneven, or sloped in such a way that it contributed to the accident and caused significant injury, you could have a case.

When in doubt, it always pays to speak with a knowledgeable personal injury attorney about the case to see whether a lawsuit is advisable or not.

When to bring the case to court

Of course, there are times when it is unequivocally clear that the landlord was culpable for the injuries.  Below is a listing of top scenarios where a property owner might be pursued in court for injuries that their tenants sustain.

1.   Burn injury or property loss due to faulty wiring – Property owners are supposed to inspect their rentals to ensure that they are safe for leasing.  Exposed or malfunctioning electrical wiring is unacceptable,  extremely unsafe and can cause injury, death, or, in cases of a fire, property loss.  A tenant would be well within his rights to pursue compensation.
2.    Conditions that create illness or disease – there was a famous case of a family that moved into a home with a black mold  so hazardous in it, that two of  occupants developed irreversible and severe brain damage. The family sued and won millions.
3.    Slip/Trip/Step and Fall Accidents – It is a landlord’s job to  maintain the interior and exterior components of his property so that people who  visit the land will not slip on, trip or step into anything potentially dangerous.  For example, large holes in the ground where a person could fall and break bones should be filled in or covered. When a landlord fails to do this and someone is hurt, they can be found guilty of negligence and a lawsuit could be filed against them.

If your landlords negligence had lead to a debilitating injury, the law firm of Proner and Proner can help.

Call Us Today

For a free consultation and to discuss your options in regards to premise and landlord liability litigation.  You could be entitled to thousands of dollars in compensation, which will pay for medical related cost and lost earnings.

Contact us right away and fight for your rights after someone else negligence causes you financial and physical harm.

November 30, 2009

Getting the Most out of Your Free Personal Injury Consultation

You have been hurt in a car crash and as you contemplate an uncertain financial future, the insurance company is playing hard ball and it looks as if they won’t pay you enough to even cover minor medical bills.

At this juncture, litigation may be your only option to get the fair compensation you deserve.

Why litigation is the answer

So many people think that because they have been paying into the insurance system for years that they will get a fair shake after a major accident.

Hardly.

Insurance companies are in the business of making money and keeping as much of it as they can. Because of this, they use adjusters to estimate how much they can legally offer you at the lowest rate possible. This of course won’t be of benefit to you since you probably won’t be getting a discount in regards to medical costs related to your injuries. Toss in the money lost from being out of work, and you could find yourself in a major financial hurt.

The adjuster won’t care—he doesn’t work for you he works for the insurance company. When he is assessing the situation it is with an eye towards minimizing costs for the company. This means that in the end, you are the one who is going to be short changed.

Seeking Representation

As soon as you recognize the fact that the insurance company is going to shaft you need to start looking into legal representation. You can find reputable personal injury lawyers a number of ways, including via referral and online search.

Once you find one you think would work best, you can call their law offices to schedule a  free case review. This evaluation will help the personal injury lawyer in determining just how strong a case you have.

Things to ask during a legal consultation

At that juncture, you may want to bring up any relevant questions or concerns you may have in regards to your case. For instance you might want to inquire if a reaching settlement is possible. This is to your advantage of course, as you may be able to avoid a lengthy trial. On the other hand, you don’t want to settle for less than you deserve in reparations because you want a quick fix. Always keep in mind that it your financial future, and future of your family, you are fighting for.

You may also want to discuss the lawyer’s fees and payment options. Many personal injury lawyers take cases on a contingency basis. This means you won’t have to pay any upfront legal fees until you win. In some cases, you won’t have to pay a dime even if you lose. This benefits you for two reasons 1) you won’t lose any money out of pocket for pursuing the case 2) the personal injury lawyer will work harder because he doesn’t get paid unless you do.

During the consultation sure to take notes and don’t hesitate to bring up important concerns even after you decide to retain the lawyers service.

Proner and Proner—Lawyers you can Trust

Have you or someone you care about been hurt due to someone else’s carelessness? Well, don’t hesitate to contact the Manhattan law office of Proner and Proner today for a free case assessment. During your evaluation, you will be able to see the kind, passionate dedication they will bring to your case and learn more about your legal rights.

Call now and receive the financial compensation you need and the justice you deserve.

November 24, 2009

Wrongful Death – Legal and Familial Aspects

No one is ever prepared for the death of a loved one. Whether an individual’s demise is sudden or the result of a lingering, debilitating disease we grieve and feel the loss deeply.

If the death occurred due to malice or an accident caused by willful negligence, the blow to loved ones can be especially devastating. It is for this reason that common law jurisdictions enable the relatives of those killed during a senseless act of violence or  criminally negligent behaviors to find remedy through civil action.

Bringing the case to court

When one is considering wrongful death litigation, there are several aspects they have to look at. One is that there are clear indicators that the guilty party is responsible for your loved one’s demise.

For example, the surviving family of someone whose life is cut short after a DUI accident will have an easier time proving their case than someone who believes their relative was poisoned. Still, civil tort laws are less strict when it comes to the preponderance of evidence. A criminal court case must be proven beyond a reasonable doubt while a civil court case merely requires that the evidence is substantial or “clear and convincing” enough to give an indication of the other party’s guilt.

Another consideration is legal representation. Wrongful death cases can be notoriously difficult to build, which is why it takes a seasoned law professional to handle the case.

While all Americans have the right to forgo representation, it is foolhardy to do so as there are many legal loopholes that more savvy experienced lawyers will be aware of. Even an air tight case can be shot down in court by a smart attorney, so it is in the family’s best interest to acquire a wrongful death lawyer who knows how to present their case.

Who can file the suit?

Usually the only individuals who can bring a wrongful death lawsuit into civil court is a surviving relative of the deceased. This includes a spouse, children, siblings, mother, father and other extended family members.

Wrongful Death Lawsuit—When can you Sue?

Wrongful death litigation can be pursued after an individual, group, business or medical institution has caused harm that resulted in the death of a loved one.

The situation that culminated in the death could be intentional or accidental in nature and malice does not have to be implied for the person who caused the fatal injury to be held accountable.

For example, in a product liability case involving defective auto parts, all a family member would have to do is link their loved one’s death to the auto’s malfunction to sue and attain financial reparation.

Other non malice cases can include medical malpractice, slip and fall premises liability, car accident and any other circumstances where a person is accidentally killed.

Who to call for help

If a loved one has been killed due to negligence or willful intent, contact the Manhattan law office of Proner and Proner for assistance. By calling today and setting up a free case evaluation, you can learn what you and your family members can do to rectify the grievous wrong that has been done to your family. You will also be able to receive reparation for you loss.

Contact us today and learn what your legal options are after a loved one is taken from your life way too soon.

November 6, 2009

Defective Drug Injury—How a Personal Injury Attorney can Help

Every year, there seems to be some new drug introduced to the market that is a miracle cure for some dreaded disease or condition. However, it also appears that just as soon as some of these medicines are released they are being recalled because they are defective.

Of course, there is a big difference between a drug that causes simple side effects and one that is truly potentially dangerous to the public. Typically, an over-the-counter drug will have benign symptoms like drowsiness, rash, or some form of discomfort which is often mild. If death does occur it is so rare as to be negligible, as in an extreme form of unforeseeable allergic reaction.

Usually people with certain conditions are warned to stay away from these drugs in an effort to curb any potential problems from OTC drug use.

So when a drug is considered dangerously defective?

Legally Defining a Dangerous Drug Product

A defective drug is usually one that produces an alarming amount of health related issues that result in severe injury and death in consumers. In some of these cases, the FDA will come out and warn patients about the hazards of particular drug once this becomes known, but this is not always the case as some pharmaceutical product risks will take years to manifest themselves. Clinical trials may also have to be performed to ensure that the drug is indeed the cause of the medical related troubles patients have been having.

In the interim, the public will continue to take these drugs with many being exposed to potentially life altering and debilitating ailments.

By the time a drug is recalled it is often too late for those adversely affected. Either they have already succumbed to their defective drug related injuries and expired, or they are living with a crippling condition as a result. Either way, victims and their loved ones are left feeling betrayed by the very medical institutions they entrusted to heal them.

Fighting back

The people who lost their lives or their health in the pursuit of their own personal well being do not have to take things lying down, indeed, they ca pursue the negligent company in court for financial damages.

The companies that make and manufacture drugs from public consumption have a duty to ensure that the product is safe before it hits the market. When they fail to protect the very people they are trying to help, they have failed at their jobs.

This is one of the reasons why the makers of Fen-Phen was held liable for the deaths that occurred on their product. Largely touted as a diet pill that could effortlessly melt away flab, the diet aid ended up causing a lung disorder called Primary Pulmonary Hypertension (PPH) that killed many people. Although a form of the drug still exists and is sold by less that reputable companies, American Home Products Corporation, the makers of Fen-Phen were sued for millions and stopped making the product.

It is when people stand up fro their rights that companies like American Home Products corporation pay for the irresponsible and careless actions.

We will fight with you

The lawyers at the Manhattan Law firm of Proner and Proner know all too well how often corporations desire o take money will make the put a product out onto the streets before it is ready. When this happens, those who are injured deserve due compensation under the law.

If you or a family members has been hurt by a defective drug product, contact the law office of Proner and Proner today. You can set up an appointment to speak with a certified personal injury attorney that specializes in such case and can get you and or your loved ones the money they need for medical and any other related cost associated with your injury.

Call us today and recieve justice you and yore loved ones so richly deserve!

November 2, 2009

MRI Injury – Filing a Personal Injury Claim makes Sense

There is a phenomenon that many people are unaware that can pose a threat to their overall health. This threat is connected to the use of MRI’s (magnetic resonance imaging) also called MRA (magnetic resonance angiography). While for the most part MRI is a relatively safe procedure, for people with pre-existing kidneys problems, it could prove fatal.

Why an MRI can be harmful to renal patients

In order for a doctor to see the internal structures of the body, a patient has to be injected with a dye prior to the performance of the MRI test. The dye itself is gadolinium based which does not pose a danger for healthy individuals, however, those who already have renal problems may develop kidney failure or even worse, a lethal disease known as NSF or nephrogenic systemic fibrosis.

NSF patients are most likely to develop hardened skin with fibrotic nodules and plaques in the renal area, which can cause renal failure and death.

The development of nephrogenic systemic fibrosis has been linked to at least 4 of the five gadolinium based contrasting agents on the market today. Interestingly enough, most doctors are fully aware of these dangers and some do not take due care when using gadolinium.

Adding insult to the patient’s injury is that fact that there are many alternatives to gadolinium that can be used on individuals with kidney related medical problems. Why doctors do not use these agents when it is deemed appropriate is a mystery, but when this occurs, a patient and/or their family can sue the medical practitioner for malpractice as it relates to the damage caused by the contrasting agent.

A loss of trust

We look to doctors and physicians to help heal us when we are sick so there is no greater betrayal than when we are hurt by these very same healers. This is among one of the many reasons why a patient that is hurt in a MRI Gadolinium related medical event should purse the negligent doctor in court.

Not only do you wish to be compensated of your debilitating and life threatening ailment, you want to ensure that no one else can be harmed by the therapist or practitioner that caused you damage.

You can do this by contacting a law firm that understands the complex nature of a MRI/Gadolinium cases. This type of personal injury attorney will know the ropes of MRI litigation and can get you the compensation you require after a renal related injury caused by an MRI scan.

Contact the law firm of Proner and Proner

With decades of combined personal injury experience, the lawyers and legal advisers at the Manhattan firm of Proner and Proner can help you and your loved ones obtain justice.

Not only will you get  the financial compensation you need after your MRI related accident, you will be able to make the offending medical professional pay for their careless actions.

Contact our law office today for your free consultation and get the financial reparation and personal satisfaction you require after a doctor’s negligence changes your life forever.

October 30, 2009

Emotional and Legal Closure after Car Accident Related Serious Injury

Most of us will probably be in an auto accident of some sort in our lifetime, in fact, statistically speaking, the odds are 100 percent. The majority will be minor fender benders and the type of thing you can walk away from with tiny cuts and scrapes.

Unfortunately for thousands more Americans, the traffic accident will leave them with lasting scars that will not heal over time. Some of these accidents will culminate in brain or spinal injury. Others will involve life long paralysis, an amputation of a limb or the start of a horrible, degenerative disorder or condition caused by bodily trauma.

Whatever the outcomes, serious injury incurred after a car accident will forever change the lives of accident victims and their loved ones.

Alarming Numbers

There are over 6 million car accidents annually in the US. Of this number, over 40, 000 are killed and 3 million injured. Of that three million, a great majority will sustain the kind of serious injury that will take years to correct—if it can be corrected.

Financial Burden

Because serious injury requires lengthy treatment, physical therapy and rehabilitation, the economic repercussions are tremendous. Many people in this situation have lost their jobs, wages, homes and life savings after an accident that resulted in crippling injury.

Even those with a substantial nest egg can see it dwindle down to non–existence in a short time after a debilitating wreck.

Emotional Tolls

The uncertainty coupled with new and challenging roles (a child having to be a caregiver, or a spouse having to care for a brain damaged partner) can leave families shaken and torn apart.

In some cases, the victims personality alters to where they lose their job or their loved ones. This is most of the case with brain injuries, as this type of damage can alter a person’s behavior. People who were once kind and open may become belligerent, paranoid and closed.

In the end, those involved in as serious car accident could end up losing everything both financially and emotionally.

Getting Back on Track

Fortunately a person who has been hurt in a serious accident can find legal recourse via a personal injury lawsuit.

Via personal injury litigation, the victim and/or their family members can pursue the negligent party in court for financial compensation. The compensation will not only help pay medical related costs but may in fact supply a remedy for lost wages as well as pain and suffering.

If you or someone you care about has been seriously harmed after an auto collision, contact the law offices of Proner and Proner today. Our Manhattan law firm is experienced in personal injury cases and knows what it takes to prove your case in court.

You and your loved ones deserve a fair chance after a serious accident causes financial and emotional issues. Take back control of your life and your destiny today. Contact the law offices of Proner and Proner for a free consultation and protect you and your family’s financial future.

October 26, 2009

Personal Injury Lawyers — An Advocate after a Devastating Accident

After a crippling auto accident, a victim may feel alone in their pain and misery. They may also face a family that alternates between sympathy and resentment as their lives have also changed. These changes are often inherent after such a tragedy.

While these reactions are normal, it can lead to inaction in regards to pursuing the responsible party in court. This can lead to a situation that places you and your loved one in financial peril.

You are not alone

First, you must recognize that you can pursue litigation in regards to your auto accident case. Civil Tort laws were enacted for this very reason—to give accident victims the ability to receive financial restitution in situations where they are hurt through no fault of their own.

The litigation process can be challenging but the alternative, a certain future of financial collapse beneath medical bills and lost wages, is a far worse fate.

Filing a personal injury lawsuit

Before you file a personal injury lawsuit, do you homework to see who may be the best fit for you case. Indeed, if the accident was caused by faulty electrical in your car, you will want a lawyer who understands product liability laws.

Once you locate a lawyer with the proper credentials you may want to check into their background to see not only how many cases they have won, but if they have a reputation for going to bat for their clients. In other words, you want more than a personal injury attorney, you want a personal advocate.

Referrals and word of mouth

So, how can you tell if the personal injury lawyer you choose is the right one for you? Reputation is always a good bet. It may pay to ask around a bit and see if any friends of family members have had good experiences with an attorney in regards to a similar case.

If you don’t know anyone who can provide that information, do some online research to locate attorneys in your area who specialize in the particulars of your lawsuit.

Once you have found a few that do, schedule an in office visit. Most personal injury lawyers offer a free consultation, so you should be able to get a face to face with one of their expert legal advisers.

During the consultation…

Ask questions and don’t be shy. If you are going to let this law firm represent you, you should feel comfortable with your choice. Above all trust your instincts. If they seem hesitant about giving referrals or seem inexperienced you may want to move on to another firm.

Proner and Proner—Your Personal Advocate

With decades of combine personal injury litigation experience, the Manhattan based lawyers at Proner and Proner know civil tort law inside and out. What’s more they are compassionate and truly understand the struggle that takes place after a debilitating car accident. Because of this, they diligently strive to make sure you receive the compensation you need for you medical bills and lost earnings.

Don’t hesitate, call the law firm of Proner and Proner today for a free consultation and find out what your legal options are after you have been seriously injured in an auto wreck.

October 22, 2009

Car versus Commercial Truck Accident

Whether they are barreling down the road behind you or racing alongside on the way to a target destination, we have all seen the behemoths known as eighteen wheelers. Intensely massive, commercial trucks are necessary components of American life, delivering goods where they are needed all over the country.

Unfortunately, car drivers that are involved in an automobile accident with a semi are more likely to be hurt, even killed.  This is because the sheer size and weight of a commercial truck can make it something of a speeding Juggernaut under the right set of circumstances.  If the truck jackknife’s, more than one car could be swept into the melee, causing a pile-up.

This does not mean that a car vs. commercial truck collision is always the fault of the truck driver.  Indeed, truckers are trained on how to handle their rigs and drive often enough to know how to handle the roads.

Even so, there are numerous factors in which a commercial vehicle driver is the main contributor to the accident.  There are many reasons why a car vs. commercial truck accident occurs, with the most common causes being:

•    Inclement weather – icy roads, snow, rain, sleet, hail—all of these can spell danger for semis and hapless passenger car drivers.  It is best not to go out in stormy weather condition if it can be avoided—however, truckers may not have that luxury and will have to be out no matter the weather.
•    Speeding – Many truckers will have their pay reduce or could have cash incentives for getting their loads to their destinations on time.  This in turn could cause them to speed, especially if they are behind schedule.  In their haste, drivers of big rigs may inadvertently cause an accident.  Consequently, they lose the very time they are trying to make up.
•    DUI – Drinking or the abuse of drugs while behind the wheel of an 80, 000 pound vehicle is never a good idea, and yet some truck drivers will do just that.  Many drivers abuse amphetamines in an effort to stay awake during long hauls. Others may have a problem with alcoholism.   No matter the underlying cause, people are seriously injured in a commercial truck accident that is fueled by substance abuse will never be the same.
•    Drowsy or distracted driving – many states have stiff laws in regards to the hours of consecutive driving that a rig operator can indulge, with the median being ten hours. Still, in a push to get from point A to point B, truckers will forgo sleep using sleep aids to stay awake. They may not succeed and can fall asleep at the wheel, causing a wreck.  Drivers may also be distracted by using their cell phones and CB radios while on the road as well.

If any of the above scenarios are the reason why you or a valued family member was injured in an accident, you can pursue the matter in civil court.

Contact Proner and Proner Today

At the law firm of Proner and Proner, we understand your pain and know how frustrating it can be to deal with the after effects of an accident you did not cause.  As the medical bills pile up, so does the threat to your financial stability.  We at Proner and Proner have been fighting for the rights of victims who have been hurt in a commercial trucking accident for years and will do everything we can to ensure you get the compensation you deserve.

Call now to set up a free consultation and learn what you can do after a commercial truck accident places you at the brink of financial devastation.

October 20, 2009

Motorcycle Lawyers—What They Can Do AFter an Accident

If you ride a motorcycle regularly you are already familiar with some of the common misconceptions that people have about bikers. The biggest stereotype is that they are all a bunch of lawless banditos with little regard for the law or safety. Statistically speaking this is a fallacy as a great majority of bikers obey the law, in fact,  over 2/3rd’s of motorcycle accidents are the fault of passenger car drivers.

Nonetheless,  one can see the glaring bias that cyclists face after a motorcycle accident. The attitude they often face is  “what did you do,” as opposed to “what happened”. The biker may even run into  these kind misconceptions if he pursues a personal injury lawsuit for his injuries. Unfortunately, jurors and even judges can bring this bias into court with them.

Riders of motorized bikes who were seriously injured through no fault of his own may not receive a fair trial in such a case.

Why file a personal injury claim

When an individual is seriously hurt in a car accident, medical bills can pile up. This can be particularly frightening when one considers the high cost of health care. Even a substantial nest egg can shrink to nothing as the victim receives treatments for the complications that soon follow a crippling injury.

One can also lose a substantial amount of money through lost work. If kids are a part of the equation, they soon become a casualty of the accident as they could lose college funding or even their home.

This makes pursuing financial compensation from the guilty party essential to the victim’s economic survival.

So how does the biker get the odds stacked in their favor?

Finding the right motorcycle attorney

Often times the difference between wining in court and devastating loses is the representation you chose. This makes it especially important that you locate someone who knows their way around a courtroom.

It is also critical that the person not only understands motorcycle law, but comprehends the unique challenges that motorcycle riders face. Why is this important?

If your personal injury lawyer does not understand the bias the rider will face, how will they be able to combat it in court?  Perception is everything and a savvy attorney can get people to put aside their own personal ideas to look at the hard facts of the case.

As with anything, you have to understand the inherent difficulties you will face to bring the right tools to the table.

Proner and Proner – Expert Motorcycle Lawyers

Proner and Proner personal injury attorneys not only understand the difficult aspects of trying a motorcycle case, Mitchell Proner himself is an avid motorcycle rider. As a motorcycle enthusiast, he knows all about the issues that motorcycle riders face and will fight accordingly.

Have you or a loved one been seriously hurt in a motorcycle accident? Then contact the Manhattan law office of Proner and Proner today for a free consultation today. During this case review you will learn about your legal options in regards to obtain reparation for your injuries.

Call now and get the financial restitution you deserve for pain suffering and lost wages.

October 19, 2009

Lane Sharing—Will National Legalization Cause More Motorcycle Accidents?

To date California is the only state that legally recognizes lane splitting, also know as lane sharing, a practice that allows a motorcycle to share a lane with a passenger car. Motorcycle riders insist that the practice is safe because there are many stipulations that coincide with this particular traffic law. For instance, a motorcyclist is supposed to use the practice only in heavy traffic conditions and at a certain speed.

It also decreases the number of deadly motorcycle accidents when seasoned riders obey the common sense aspects of lane sharing proponents insist. This is because bikes are on the side of vehicles and can’t be sandwiched between two larger automobiles, a sure recipe for disaster. Bikes also have to keep moving otherwise they will stall out due to engine cooling issues.

Traffic also becomes less congested because the space that a bike would take up and a car can occupy the area. It is because of these inherent advantages that lane splitting is becoming a concept that other states are considering.

Is Lane Sharing a Dangerous Practice?

Texas is thinking about following California’s lead for the above reasons,  but opponents of lane sharing fear that the elephant in the room is the inherent danger of the practice. Arguments for engine cooling and traffic alleviation aside, there have been some motorcycle riders who were killed in lane sharing accidents.

The recent deaths of two motorcyclists in Orange County has made the topic even more hotly debated. Passenger car drivers argue that many bikers are not obeying speed limits and traffic restrictions. They also indicate that they have missed exits because a motorcycle was riding along besides them. These individuals see the practice as unsafe and want it banned from the California roads.

Unfortunately, there are no recent statistics on the safety of lane sharing that would make the case either way, but suffice it to say tensions are high on both sides.

What we do know

Current statistics do indicate that in a car versus motorcycle accident, the passenger car driver is at fault. They most often do not see the biker or fail to yield the right of way. A great majority of these accidents happen at intersections as well and usually due to the right of way issue.

The result is devastating injury and even death. In either case, family members suffer and financial stability is threatened.

What you can do

If you have been injured in a motorcycle accident that wasn’t your fault do not suffer in silence. While there could be some animosity towards car and motorcycle riders, this will not justify negligent behavior that lands you in the hospital. You can and should receive financial compensation for your injuries.

Contact the law offices of Proner and Proner today for a free case review and see how we can help you obtain reparation after a car accident changes your life.

You and your family deserve compensation after a motorcycle accident places you at the brink of economic disaster. Do not go it alone.

Call the Manhattan law firm today and get the money you need to secure your future.

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