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After a catastrophic accident, victims and their families often find themselves faced with tremendous physical, financial, and emotional hardships. If you or a member of your family has been harmed in an accident that was caused by someone else’s negligent or deliberate wrongful actions, the law firm of Proner & Proner can help. Handling the full range of personal injury lawsuits, our New York City-based law firm serves client throughout New York and all of the United States.
Virtually any type of accident can serve as the foundation of a personal injury lawsuit, as long as it can be proven that the party against whom the lawsuit is being filed was either primarily or wholly responsible for the accident. The personal injury attorneys at the Manhattan, NY law firm of Proner & Proner handle the full range of personal injury cases, regardless of the type of accident that resulted in the injury or wrongful death. Here are some of the types of personal injury cases we regularly handle:
If you have been injured because of another person’s negligent actions in NYC, whether your injury was caused by a motor vehicle accident, motorcycle accident, or trucking accident or any other type of accident, you may be entitled to compensation for your injuries. At Proner & Proner, our personal injury lawyers have helped numerous clients in New York City obtain the financial recompense to which they are entitled.
If you are the victim of another person’s negligence or carelessness, you may be eligible to file a personal injury lawsuit. You can potentially collect for medical bills, lost wages, permanent injuries, disabilities, punitive damages or the death of a loved one. In a strong personal injury case, our lawyers must first prove that an injury (not necessarily physical) has occurred. Also, it must be proven that the defendant is responsible for those injuries, through an act of carelessness, negligence or maliciousness.
In the event of a death within the family, surviving family members can file a wrongful death lawsuit. Victims in wrongful death cases should not go it alone. It is important to seek an accomplished personal injury attorney. Insurance companies are businesses and, as such, do not have your best interests at heart. The insurance company collects as many premiums as possible and pays out as few claims as possible. Insurance companies have teams of experts, lawyers, paralegals, claim adjustors, etc. who are trained to minimize or outright deny your claim. At Proner & Proner, our experienced personal injury lawyers in New York City know how to work with—and against—insurance companies and have successfully settled many personal injury lawsuits and wrongful death claims.
In most situations, victims of personal injury benefit from retaining an attorney. Clients should retain a lawyer with experience specifically in litigating personal injury lawsuits. Our New York City-based law firm will deal with the insurance company, your creditors, the medical providers and your employer, allowing you to concentrate on getting your health and family back in order.
If you or a family member has been injured and would like to know more about filing personal injury lawsuits, contact the NYC personal injury attorneys at Proner & Proner for a free case evaluation. Our personal injury attorneys handle lawsuits throughout the nation. Some states permit insurance for punitive awards, while others prohibit insurance on the basis that insuring these damages would be against public policy. Meanwhile, some states are undetermined on the issue. Our attorneys at Proner & Proner provide nationwide personal injury representation and can help explain the laws that govern personal injury lawsuits in New York or in any other area of the country. We are experienced in personal injury lawsuits and are familiar with the various punitive damages laws. Contact us today!
If you or a loved one has been the victim of a personal injury, Proner & Proner can help. Below is a list of common questions about NY personal injury lawsuits that our lawyers are frequently asked.
Do I Have a Personal Injury Claim?
If you think that you or a loved one may have an injury or wrongful death case, contact our New York personal injury lawyers today to schedule a free case review. If you are the victim of another person’s negligence or carelessness, you may be eligible to file a personal injury lawsuit. You may be able to collect for medical bills, lost wages, permanent injuries, disabilities, punitive damages, or the death of a loved one. In a strong personal injury case, our lawyers must first prove that an injury (not necessarily physical) has occurred. Also, it must be proven that the defendant is responsible for those injuries, through an act of carelessness, negligence, or maliciousness. In the event of a death within the family, surviving family members can file a wrongful death lawsuit.
How Long Will It Take for My New York Personal Injury Case to Settle?
Many factors determine whether a case can be settled in a matter of months, or will drag on for years. After choosing a competent law firm you must consider the other factors involved such as the client, the insurance company, and the insurance company’s lawyers.
The client affects the duration of a personal injury lawsuit by the length of medical treatment and his or her decision either to settle or to take a risk on a higher recovery resulting from a trial. The length of treatment is important because normally a case should not be settled until the patient has received the maximum benefit of post accident treatment and a long term prognosis for the injury is possible. A doctor must be able to state the extent of the injury’s permanency. As long as a doctor can state the patient’s needs within a reasonable degree of medical certainty, the patient is entitled to money for damages and medical bills for treatment that he or she may need in the future. Therefore, you may be giving up a lot of money that you may need in the future if you settle personal injury lawsuits before a doctor can determine which injuries are permanent. Once a case is settled, it cannot be opened up again.
Whether a case being handled by our New York City personal injury lawyers settles or not is always up to the client. Any offer that is received on a client’s case is always given to the client to accept or reject. We advise the client as to whether the offer is fair, inadequate, or more than the case is worth. We always strive to get our clients more than the case is worth. Since we work for a contingency fee which is a standard percentage of the net settlement, a higher settlement means that more money goes into our clients’ pockets. A fast settlement benefits us as well as our clients, and consequently we strive to negotiate good settlements as quickly as possible.
Sometimes, however, despite all our arguments, legal motions, correspondence, investigations, and court appearances, the insurance carrier does not offer an adequate amount for settlement. On these occasions our personal injury attorneys are prepared to go to trial. It is always up to the client to choose to go to trial or to accept any amount offered. We are there every step of the way to help our clients make the right decision. Naturally the further along a case goes in litigation, the longer we have to deal with the back log in the courts, and the more time a case will take. Cases that settle without litigation usually do so within six months to a year and a half. With litigation a case can last approximately two to five years. Larger cases usually take longer. Insurance carriers usually won’t give up hundreds of thousands of dollars without a fight. Also, the insurance companies are allowed to draw interest on the money during the fight so they, unlike us, have it in their best interest to cause a delay. We try everything possible to avoid such delays. Usually we succeed at getting our clients the money they so greatly deserve and need in a timely manner.
Lastly, the insurance carrier’s lawyers can have a delaying effect on personal injury lawsuits. The lawyers of Proner & Proner in Manhattan have been litigating for more than 40 years and most judges and defense firms know our reputation of excellence. From our New York office, we provide personal injury litigation for victims nationwide. Nonetheless, occasionally other firms will engage in motion practice that will delay a case needlessly. Sometimes even getting a simple order from a judge, will delay a case to our clients’ unfortunate frustration. Fortunately, this is unusual. Normally personal injury lawsuits move quickly to good settlements, keeping our clients satisfied with our practice and the legal system.
What Is My NYC Personal Injury Case Worth?
Many factors go into determining the value of a case. Although it seems like a simple question, as you are probably aware, it is extremely complex. You should probably avoid a lawyer who will tell you during your first conversation what your case is worth. Such a personal injury attorney could not have possibly given adequate consideration to all of the factors that can drastically change the value of a claim. Of course the two biggest factors are who was at fault for the accident and what the extent of the damage is. Also important is the amount of insurance the defendant has. The following are examples of third party defendants that can be held responsible through personal injury lawsuits: the pizza company that sends out a 16-year-old racing to deliver a pizza in less time than would be considered safe, the municipality that designs an unsafe intersection, the manufacturer of the helmet that doesn’t work, the owner of the bar that served the drunk driver after she was visibly intoxicated, etc. Assuming adequate insurance coverage, there are still additional factors that affect value.
Property damage is usually settled in accordance with agreed published values for the property damaged, reduced by the amount that he/she is at fault for his own loss. If you are 25 percent at fault for an accident, the insurance company may try to offer you 50 percent of the value of your loss. Don’t expect them to pay full value without a lawyer arguing on your behalf.
In personal injury lawsuits, a settlement will be reached if you can agree with the insurance company about what the case is worth. If you can’t agree with the insurance company, one of the personal injury lawyers at our New York law firm can present your case to a jury and judge to determine the value. The insurance companies, in evaluating your claim, will look at your medical bills, length of treatment, frequency of treatment, whether or not there is any permanent disability, whether or not you will need any future treatment, and whether or not you will have any future medical bills. Every detail must be studied so you can get the money you deserve.
Insurance companies will also carefully evaluate your loss of earnings claim. Were you employed at the time of the accident? Did you lose significant time from work? Are you able to return to work at all? Are you highly educated or did you leave school before graduating? If you have less education, you are more likely to find work involving heavy manual labor and injuries. A significant injury will then make it harder to find similar work after an accident increasing your lost earnings.
Your future damages are important. How old are you? If you are in your 30s, you have approximately a 50 year life expectancy. That means you are entitled to claim pain and suffering and loss of earnings for a longer period of time than someone who is 50 with the same permanent personal injury and disability. Another issue is where the claim is being brought. Cases in some courts are known to insurance carriers and personal injury attorneys to get bigger jury awards then other courts. These larger awards can go to higher courts and get reduced on appeal. Nonetheless, the county in which your case is brought can affect the value of the case.
Juries evaluating cases also look at other factors. If you have any convictions for misdemeanors or felonies, or have had previous cases, the jury may doubt your sincerity about this claim. If you were engaged in an activity that jurors think involved unnecessary risk when you got hurt, the jury may give you a smaller award because they feel you should not be rewarded for taking such risks. Skilled personal injury attorneys can minimize unfair reductions in an award by dealing with these matters beginning with jury selection all the way through closing arguments and by reminding jurors of their sworn obligation to give fair compensation.
Lastly, a case’s worth often correlates to how much you are willing to trust your attorney. Most personal injury lawsuits settle. Some cases go to trial. You need to feel confident that your personal injury attorney can achieve the right settlement or decision from a judge or jury; otherwise you may never feel that you obtained what your case is worth.
Why Shouldn’t I Negotiate with the Insurance Companies on My Own?
Victims should not go it alone. It is important to seek an accomplished personal injury attorney. Insurance companies are businesses and, as such, do not have your best interests at heart. The insurance company, as a business, collects as many premiums as possible and pays out as few claims as possible. Insurance companies have teams of experts, lawyers, paralegals, claim adjustors, etc. that are trained to minimize or outright deny your claim. At Proner & Proner, our experienced personal injury lawyers in Manhattan know how to work with—and against—insurance companies and have successfully settled many personal injury lawsuits.
In most situations, victims of personal injury benefit from retaining an attorney. Clients should have someone with experience litigating personal injury lawsuits on their side. Our Manhattan-based firm will deal with the insurance company, your creditors, medical providers, and your employer allowing you to concentrate on getting your health and family back in order.
If you or a family member has been injured and would like to know more about filing personal injury lawsuits, contact the personal injury attorneys at Proner & Proner for a case evaluation. Our personal injury attorneys handle lawsuits throughout the nation.
What Are Punitive Damages?
Punitive damages, also known as exemplary damages, are awarded to a plaintiff in a personal injury lawsuit that arises from “malicious or wanton misconduct” by a defendant. Punitive damages are awarded separately and in excess to compensatory damages (such as lost wages, medical bills, etc.) and are meant to be a punishment for the defendant.
The potential amount awarded for punitive damages is unpredictable and the process of determining punitive damages is arbitrary. The jury alone determines the amount and there are no maximums and no minimums. Often juries act emotionally when ruling these types of personal injury lawsuits. The Manhattan, New York personal injury lawyers of Proner & Proner may seek punitive damages for their clients in instances of malicious misconduct.
Keep in mind that punitive damages differ from state to state. Some states permit insurance for punitive awards while others prohibit insurance on the basis that insuring these damages would be against public policy, believing that punishment should not be transferable. Some states are undetermined on the issue.
Our attorneys at Proner & Proner provide nationwide personal injury representation and can help explain the laws that govern personal injury lawsuits in New York or in your area. We are experienced in personal injury lawsuits and are familiar with the various punitive damages laws.
Personal Injury Verdicts & Settlements
Female, Male: Premises Liability
Lawsuit arising from a hotel fire where homeless families were placed for temporary shelter.
Female, 43: Premises Liability
On the way home from work, our client fell down the steps at a subway station.
Injuries: Acute head trauma with traumatic brain injury
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
Female: Serious Personal Injury
Our client fell getting off a bus, due to her heel getting caught in a hole.
Injuries: Ankle, Shoulders & Wrist. Required multiple arthroscopic surgeries over a 5 month period and ongoing pain management
Baby Girl, Newborn: Birth injury
Our client suffered a birth injury resulting in Erb’s palsy and partial loss of use of right arm.
Female, 46: Serious personal injury
Our client had an asthma attack and called an ambulance. She arrived at the hospital and advised the EMT not to take her out in the stretcher, as she would walk. The EMT pulled the stretcher and the legs of the stretcher failed to lock, causing the client to fall and flip while strapped to the stretcher.
Injuries: Pinched nerve in spinal cord and neck requiring spinal surgery
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
Male, 27: Workers' compensation
Our client was performing routine maintenance on an air conditioner. He had to use a wooden ladder, which slid on a slippery floor, making him fall.
Injuries: Three fractures in his ankle requiring surgery
Male, 32: Premises Liability
Our client fell from a rooftop, through was a hole for air conditioning covered by tar paper.
Injuries: Bilateral shoulder injuries requiring shoulder surgery, right ankle injury
Male, 51: Premises Liability
Our client fell on an icy sidewalk.
Injuries: Trimalleolar fracture of ankle that required surgery
Female, 79: Serious personal injury
A safe fell on our client while shopping at a hardware store.
Injuries: Traumatic brain injury
Female, 51: Premises Liability
Our client tripped and fell on a water hose at front door of the garage where her car was being repaired.
Injuries: Fractured left wrist which required surgery
Female, 23 - Female Child, 3: Serious personal injury
Injuries (Female): Multiple fractures of the arm; facial fractures which required surgery Injuries (Child): Head trauma; facial fractures
Male, 44: Premises Liability
Our client was in a steam room when the sauna produced excessive steam, causing our client serious burns.
Injuries: 2nd and 3rd degree burns to the entire body
Male, 59: Workers' compensation
Our client fell into an elevator shaft at his workplace.
Injuries: Five broken ribs, punctured right lung, liver laceration, soft tissue ankle and hip injuries
Female, 60: Premises Liability
Our client slipped on a wet floor while shopping at a supermarket.
Injuries: Fractured wrist with open reduction and internal fixation
Male, 44: Premises Liability
Our client slipped and fell coming out of a bathroom.
Injuries: Fractured left ankle requiring surgery
Male, 27: Premises Liability
At a grand opening of a store, a storage door fell on our client’s head from a height of 13 feet.
Injuries: Laceration on head, mild traumatic brain injury
Male, 76: Nursing home malpractice
The client was trying to transfer from bed to wheelchair. The home attendant did not put the wheelchair close enough or did not lock it.
Injuries: Broken hip
Female, 34: Premises Liability
Freight elevator doors slammed on our client’s right hand.
Injuries: Right index finger amputated requiring surgery for the revision of the amputation
Female, 63: Premises Liability
Our client was walking towards the subway and fell.
Injuries: Right wrist fracture that required surgery
Female, 74: Premises Liability
Our client fell down an open trap door at a tile store.
Injuries: Broken wrist and a laceration on her forehead
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.
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.
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.