Slip and Fall injury and Ch 7 Bankruptcy

Asked almost 2 years ago - Hayward, CA

I am in the process of filling for bankruptcy and this week I was thevictim of a slip and fall at a local business. I received minor injuries (a sprained knee) I'm out of some money due to the injury ( a week of lost pay which is approx $475.00 plus some medical bills in the amount of $195.00. The question is if I pursue legal action against the business where I got hurt. Is that going to interfer with me filling for bankruptcy?

Attorney answers (7)

  1. Brian Crozier Whitaker

    Contributor Level 17

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    Answered . No, it will not interfere with you filing for BK at all. You should list the cause of action in your BK Schedule B, but if the extent of your damages is along the lines of what you said, it will be easily exempted.

  2. Gilberto Benito Vega

    Contributor Level 13

    8

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    Answered . I agree with the previous poster. All I would add is that you should contact an attorney to handle this matter. Do not get cheap and try and do this matter per se. Especially since you have this potential asset which you may unwittingly lose. Good luck.

  3. Dorothy G Bunce

    Pro

    Contributor Level 20

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    Answered . Talk to a personal injury attorney to see what your case might be worth, and compare that estimate to the exemptions available to you under the laws of your state. California allows debtors to select from two methods of exemptions. I am posting a link to a general description of exemptions for all 50 states, but you will want to look at the state laws directly for more accurate information. Hope this perspective helps!

  4. Michael Shemtoub

    Contributor Level 17

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    Answered . I've handled cases like this before. You need to disclose this in your bankruptcy documents and at the same time you need to seek compensation against the local business for the damage done to you. Let me know if you need help, I can help both with the BK and the accident case.

    Check out my website below and give me a call for a free consultation if you are a California resident 877-427-... more
  5. Malcolm Wallace Ruthven

    Contributor Level 15

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    Answered . The prior answers all good. I'll just say that your right to compensation from the business is a current asset of yours and would have to be listed in your bankruptcy schedules, with as much exemption as you have remaining to apply to it because you don't yet know how much compensation you will receive.

    This reply does not constitute legal advice or establish an attorney-client relationship.
  6. Gary Ray Fraley

    Pro

    Contributor Level 11

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    Answered . An amount that small would be easily protected under the "standard" Section 704 Exemptions if you used that system. The other system, sometimes referred to as the "wildcard" Section 703 Exemptions has protections for personal injury. However, the exemption is badly worded and exactly what it means and what is protected is unclear when carefully read. However, if you use this system you are likely to have "wildcard" credits available anyway. Either way can be easily determined by a competent bankruptcy attorney

    This response does not constitute legal advice nor is the attorney providing this advice in any way liable for the... more
  7. David Lloyd Merrill

    Pro

    Contributor Level 15

    6

    Lawyers agree

    Answered . Based upon the numbers this should be of no great issue -- just make absolutely certain that the potential claim is listed as an asset in your case when you file. Make certain your lawyer knows about it!

    Best of luck to you!

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