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Good Things Come To Those Who Wait

A little over four years after he was rear-ended by a truck, the family of a deceased Queens man received a $10 million settlement.
The crash itself caused only minimal property damage and visible injury, but in the ensuing days, then-46-year-old Anthony DiCiervo lost his appetite and took long daytime naps while suffering from severe headaches. Then, after he drove himself to the hospital, Mr. DiCiervo left arm and leg fell numb and he was unable to get out of the car, according to his wife. He appeared to be recovering and was transferred to a rehabilitation facility, but he died there three days later. The insurance company argued that Mr. DiCiervo coincidentally had a stroke around the time of the crash, even though doctors diagnosed him with a hemiparesis that caused serious brain bleeding. The case finally went to trial starting February 1, and lawyers hammered out a settlement before the jury came back with a verdict.
Regina DiCiervo said that life had been “a struggle” for her and her children – one of whom is disabled – since her husband’s death. In 2012, her Rockaway Park neighbors organized a fundraiser to help.
Brain Injury Settlements
At least 90 percent of civil cases settle before trial, and the proportion is even higher in a number of jurisdictions. In fact, many personal injury cases are settled before a lawsuit is even filed. That being said, personal injury cases rarely settle quickly, especially if there are serious injuries involved or there is a dispute as to liability.
When a plaintiff is severely injured, the rule of thumb is that medical therapy should be substantially complete before the case can be settled. That is because it is difficult to estimate future expenses, and once the cases are settled, the plaintiffs give up their right to revisit the matter.
Liability questions, like the one in the above story, often delay the process as well. Insurance companies do not achieve maximum profitability by paying claims, so the insurance company lawyers look for any way possible to deny compensation. That rule applies even if the defense is rather weak, because the company hopes that by delaying the settlement, the financially-strapped plaintiff will accept less money.
The settlement value of brain injury cases tends to be high, because of the lifelong consequences of these injuries. Victims are entitled to compensation for both their economic damages, such as lost wages, and noneconomic damages, such as emotional distress. The compensation includes future lost wages as well.
For prompt assistance in this area, contact the aggressive personal injury attorneys at Proner & Proner. We do not charge upfront legal fees in a personal injury case.
For prompt assistance in this area, contact the aggressive personal injury attorneys at Proner & Proner. We do not charge upfront legal fees in a personal injury case.

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Mitchell Proner is an amazing and very experienced trial lawyer, who takes care of his clients. He represented me in a car accident case, kept me very informed during the lengthy legal process and got me the settlement that I expected. His friendly office staff was always willing to assist and answer any questions I had. I recommend Mitchell Proner to all my friends and family!

Besides being well versed and very knowledgeable about all aspects of my case it was simply a pleasure dealing with Mr. Proner and his colleagues at Proner and Proner. In a time of hardship Mr. Proner and the staff at Proner and Proner made it very easy for us to cope with all of the legal processes which we are not accustom to. I couldn't recommend a better group of people let alone an attorney as Mitchell Proner and the staff at Proner and Proner. Thank you again for all of your assistance.

Awesome experience, excellent service, very professional and fast resolving my case. My number one attorney - definitely recommended more than once. Thank you!