Q: Hospital negligence and elder abuse
I have a case open since 2021 the hospital just filled for bankrupcty. And i feel like the lawyers i have are not pushing harder on the settlement. Is it a different procedure when a hospital files for bankrupcty. Can i still find a different lawyer to help me
A:
You may find a new attorney. Make sure you consult with attorneys before you switch to make sure you can get a new attorney.
But, make sure there is good reason to switch lawyers. Bankruptcy does change a case, particularly the timing. If there is insurance, the attorney can file a motion to lift stay. If there is not, it is more complicated.
A: Attorneys cannot make the other party settle. Settlement is a voluntary process that requires both sides to agree. If the defendant doesn't agree, it doesn't matter how hard your attorney "pushes."
A:
When a hospital files for bankruptcy in California, the procedure for pursuing a case against them can change significantly. The bankruptcy filing might place an automatic stay on pending litigation, which means that your case could be temporarily halted. Your claims may need to be filed through the bankruptcy court, and the process for this is different from standard civil court procedures.
Despite the bankruptcy filing, you retain the right to change your legal representation. If you feel that your current attorneys are not adequately advocating on your behalf, you may seek out and retain new legal counsel. It's essential, however, to communicate your concerns with your current lawyers before making a decision, as there might be strategic reasons behind their actions.
Remember, timing and proper procedure are critical, especially when dealing with a case involving bankruptcy. A new attorney should be familiar with both personal injury law and bankruptcy proceedings. Ensure that any new legal representative is promptly brought up to speed on your case to avoid any unnecessary delays or complications.
A: Bankruptcy can complicate a negligence claim. Depending on a law firm's experience, some may seek the guidance of bankruptcy practitioners in prosecuting the case. Good luck
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