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Re: Fall from defective Werner Ladder
Posted by Attorney/Nurse on 1/15/07

    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.

     
     

 
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