Have legal questions? Get a Call Back Within 25 Seconds

Proners Head

Firm Blog

Have you been injured?

Hit-And-Run Death In NYC

An allegedly drunk hit-and-run driver fatally struck a man, and seriously injured a woman, near the George Washington Bridge.
The wreck took place just off the GW bridge, close to the intersection of Amsterdam Avenue and West 181st Street. 34-year-old Jonathan Segura then lost control of his BMW and careened into a nearby Ford F-150 before fleeing the scene; he surrendered to authorities a short time thereafter. The two 46-year-old victims – whose names were not released – were both rushed to a nearby hospital.
Mr. Segura was arrested and charged with criminally negligent homicide, vehicular manslaughter, DUI, and leaving the scene of an accident.
Wrongful Death
New York’s wrongful death law works a bit differently than the laws in some other states, because it limits damages to “pecuniary” losses. Fortunately for victims, this term is rather broadly defined. Moreover, only the personal representative, and not a family member, may file a wrongful death suit. This restriction typically does not apply, because a family member is generally the legal personal representative.
To file a wrongful death claim, the death must have been caused by a negligent act, like a motor vehicle crash or a failure to properly maintain property. In these cases, pecuniary loss includes a number of items:

  • Medical expenses arising from the decedent’s final illness or injury,
  • Burial and funeral expenses,
  • Lost wages,
  • Lost emotional support,
  • Pain and suffering endured by the decedent,
  • Lost financial support for family members,
  • Lost parental nurturing for children, and
  • Statutory interest (currently 9 percent).

The plaintiff cannot recover for the grief of family members, on the theory that the action properly belongs to the decedent.
To properly determine damages, an attorney often partners with an expert witness to accurately predict the decedent’s career path and potential future earnings. Obviously, in the case of a young victim, these damages are often substantial. These figures need only be established by a preponderance of the evidence, which means more likely than not. So, the jury will generally accept any reasonable estimate in this area.
For prompt assistance in this area, contact experienced personal injury attorneys in Manhattan. Mr. Proner is President of the New York State Academy of Trial Lawyers.

  • 01

  • 02

  • 03

More Press

In The

In The Press ThumbnailPlay Button

Press

In The

In The Press ThumbnailPlay Button

Press

In The

In The Press ThumbnailPlay Button

Press

News Channel

Road Rage Incident

Mitchell Proner spoke in support of NYC motorcycle riders and called on NY lawmakers and police not to overreact to a highly publicized road rage incident or to let that incident cast all motorcyclists in a bad light.

News Channel

Hit and Run

Attorney Mitchell Proner was on hand when the motorist accused of hitting a female jogger on a road in Central Islip appeared in a New York courtroom to answer charges of leaving the scene of a fatal accident.

News Channel

Ferry Disaster

Attorney Mitchell Proner, an expert on maritime law, spoke about the similarities between the Costa Concordia ferry disaster and the recent Indonesian ferry accident that killed at least 24 people.

Award Image
Award Image
Award Image
Award Image
Award Image
Award Image

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!