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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.