Good Things Come To Those Who Wait

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.


Last year we recovered over $15 million for our clients. With that money, our clients are able to pay their medical bills. They are getting their lives back on track after serious injuries and they are holding to account the people who wrongfully injured them.


$1,100,000.00 - Female, 35: Motorcyclist hit by oncoming traffic

Our client was riding on the back of a motorcycle going south when the defendant heading north made a left hand turn in front of the client, causing the accident.
Injuries: Fractured left leg which required surgery

We understand motorcyclists because we ride


$5,100,000.00 - Female, 43: Cyclist hit by truck

Our client was riding her bicycle when a truck was turning and came up onto the sidewalk. Our client went to back up and the truck struck her.
Injuries: Catastrophic injuries to entire right side of body below the waist resulting in amputation of the right leg and hind quarter; bladder rupture; multiple rib and spinal fractures.

$3,500,000.00 - Female, 33: Serious personal injury

Our client fell down the stairs and was knocked unconscious at a New York City
subway station.
Injuries: Fractured skull, subsequent seizure disorder.

$4,300,000.00 - Male, 63: Pedestrian hit by bus

Our client was crossing a street when a bus hit a car and the car spun and hit him.
Injuries: Traumatic brain injury; fractured shoulder.

$750,000.00 - Male, 35: Workers' compensation

Our client was changing a pump strainer on a hot air furnace when he stepped on a board and fell through the ceiling.
Injuries: Herniated disc which required surgery.

Contact Proner & Proner

*All fields are required