I slip and fell in this grocery store and now my attorney is saying the company is under bankruptcy i cant get my settlement why

Asked 11 months ago - Macon, GA

I was out of work due to being hurt behind this slip and fall now the company has changed it name what can i do about my settlement call my attorney every week and his secertery tells me it nothing can be done i want to know why

Attorney answers (8)

  1. Jeffrey Mark Adams

    Contributor Level 20

    15

    Lawyers agree

    Answered . Nothing can be "done" while a company is in bankruptcy. There is an automatic stay. Assuming of course, that the store is self insured.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  2. Albert Lee Crosner

    Contributor Level 19

    13

    Lawyers agree

    Answered . Attorney Adams has provided you with a very good answer. In short, he is confirming what your attorney told you. Best of luck.

    Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The... more
  3. Glen Edward Ashman

    Pro

    Contributor Level 20

    11

    Lawyers agree

    Answered . As I am sure your lawyer has told you, a bankruptcy stays all suits and claims against a company. If the store had insurance he can move the bankruptcy court to set aside the automatic stay and proceed against them up to the insurance coverage limits.

    ATTORNEY GLEN ASHMAN 404-768-3509 www.glenashman.com . If you find this answer helpful, please mark it here... more
  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    12

    Lawyers agree

    Answered . Find out the status of the bankruptcy.

  5. Joseph John Bernardo

    Pro

    Contributor Level 14

    12

    Lawyers agree

    Answered . If store had insurance you can set aside the automatic stay in bankruptcy cases and proceed up to the insurance coverage limits only. Your attorney knows(or should anyway) how to deal with this situation. Follow their advice and have them explain your options.

  6. D K Kevin Dugan

    Contributor Level 17

    11

    Lawyers agree

    Answered . Has your attorney filed a claim in the bankruptcy proceeding?

    The information you obtain from this website is not legal advice.
  7. Richard Marc Katz

    Pro

    Contributor Level 17

    8

    Lawyers agree

    Answered . If the grocery store was self insured then the bankruptcy court will take over the processes, which can be daunting. The chances of recovery depend upon the financial health of the business.

    If the store had liability insurance there is a procedure in which you can limit your recovery to the insurance proceeds and not be in bankruptcy court. You should discuss the exemption with your attorney.

    The information provided is for general informational purposes only and is not intended to be legal advice. I am... more
  8. Robert G. Rothstein

    Contributor Level 14

    7

    Lawyers agree

    Answered . Stop talking to the secretary and insist upon speaking directly to your attorney. He should be able to explain it to you.

    Disclaimer: This response is provided to you by attorney Robert G. Rothstein (404) 216-1422 for educational and... more

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