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Re: Fall from defective Werner Ladder
Posted by Bob on 1/22/07

    You can still file a claim against Werner. Your claim will go
    through an alternative resolution program. You will need to
    hire an attorney, but don't expect a large sum of money. The
    pool of funds set aside through the bankruptcy process is not
    very larg. You will need to establish some facts that support a
    claim that the product was defective.

    On 1/15/07, Attorney/Nurse wrote:
    > 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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