Re: Fall from defective Werner Ladder

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On 11/29/06, Kevin M. Gloria wrote:
> WERNER filed for re-structuring, IF I have a solid case
> for Product Liability & Personal Injury, and it is filed
> after their filing, but within the time restraints, what
> are my chances of collecting any if not all. Also I am
> looking for the lawyer who can handle this case, thank you
> in advance for allowing me to air this in your forum, It
> is where I will get the Strait & the Skinny on this
> perfectly serious issue
>
> Kevin M. Gloria
> Vacaville, California
> (707)761-2777

Dear Kevin: I don't know what originally took place re: your
ladder defectiveness. This limits my ability to respond.

However: presuming the ladder's defectiveness was the
proximate cause of injury, and the injuries were serious, I
would file a suit before the statute of limitations tolls. If
the statute is near tolling, you could file a suit on your own
(pro-se), while you search for counsel. Generally: if you
shop a few different lawyers, and they're all pretty negative
about it, I'd accept their professional opinion. When lawyers
tell you there's not a case, they don't do it to be mean to
the injured party; but only because it's a case which would
not succeed. I mention this because I often encounter
frustration in would-be clients, but it would be pointless-not
to mention unethical-to encourage a client who has a weak
case. PI cases are taken on contingency, thus the attorney
handling the case only gets paid in the event the suit is
successful.

The fact that the company has applied for, or has,
[restructured] is not an absolute bar to recovery in the event
you sue and win. It would depend on the specific terms of the
restructure.

Good luck to you Kevin; and I hope this has been helpful.
Attorney/Nurse.