broken back - suing motel but there is NO response.....?

[damihe]

What is the name of your state (only U.S. law)?
florida

hi everybody
maybe someone here can give me some advise because I am a little confused...

a couple of month back i broke my back in a motel going down the stairway - compression fracture of three lumbar spines and three broken vertebras,, the stairway was rotten and old, wet and slippery, they are at fault!

i had to return to my home country a week later than planed because I wasn't able to fly. now, three month later, I am still being treated and there are lots of complications in the healing process.

I did hire a lawyer right after the accident. he wrote to the motel twice (and I guess there insurance), but no response. he now filed in court about three weeks ago, they still haven't been served, so he tells me.

what does that mean? he now tells me, the may have sold the motel to a cooperation and are claiming bankruptcy, meaning, I am stuck with all the medical bills not able to sue them.

is that rigt????? should I hire another lawyer or just hang in there and wait and see??? since I am not there it's kind of hard for me to proof whats really going on......I just now that the guy who owns the motel also owns restaurants, etc...

I am very thankfull for any kind of advise,

thanks a lot for your time

damiheWhat is the name of your state (only U.S. law)?

[ecmst12]

If they had insurance in place at the time of the accident, it should still provide coverage. It's possible they did not, given that they were on the verge of bankruptcy. If they had no insurance and they now have no assets, your chances of getting any money are very small.

[tranquility]

Even if in BK, you should have been listed since you provided some notice of the potential of liability. A motel is sure to have some non-secured assets and you should have had a chance to vie for them with other creditors. As well, as ecmst12 wrote, there could have been insurance in force at the time of the accident. Finally, if there was not insurance and no assets, there is a possibility of piercing the corporate veil to the actual owners.

It's going to be a lot harder to collect and it is possible you won't get all you deserve, but you should be in line for something. It may be your lawyer doesn't want to do the work required or doesn't have the knowledge of how to move forward. Another lawyer might be appropriate, but make sure that if you go he is aware of your prior attorney as you will need to do some sort of fee arraingement between the two.

[damihe]

hi and thanks for your answers so far.

i am really concerned that i will end up losing out and being stuck with all my hospital bills..... the lawyer says that we are not suing the owner of the motel but the motel itself. the owner of the motel has had numerous law suits against him for 'neglect' and always settled out of court, i found the records online.

now why aren't we suing the owner....i don't understand this....

i send him the suggestion about the corporate thing from you, tranquility, thansk:-) and if i am not getting a response i will hire a real law firm. right now a single lawyer is representing me.

i agree, i do think there just MUST be a way to find out if he still is the owner or not, aren't there records.....and why aren't they not responding.....???

well, keep on stopping by here and drop me a line, anything helps:-)

thank you all so much:-)
damihe

[ecmst12]

The owner likely isn't personally responsible, the corporation/business is responsible. Unless maybe he personally pushed you down the stairs or something.

[tranquility]

If the corporation is undercapitalized and does not have insurance and the owner treats it as his own, there is a potential for piercing the corporate veil.

[You Are Guilty]

Originally Posted by tranquility

If the corporation is undercapitalized and does not have insurance and the owner treats it as his own, there is a potential for piercing the corporate veil.

Which then begs the question, if the corp is undercapitalized and uninsured, what are the odds the owner has any assets worth pursuing?

But I agree, sounds like a case of lazy lawyering so far.

[tranquility]

It doesn't beg the question, it answers it. If there were sufficient assest in the corporation or if there were insurance, the OP should get something. If not, then he has a chance to pierce to the owner and may get something. Who knows what the owner did with any cash in the business? Maybe he paid back a loan he made to the business before paying other creditors.

[ecmst12]

Sounds like this is the kind of thing that OP needs a lawyer who is very experienced with this type of litigation. He got a lawyer who thought it would be an easy insurance claim and now that it's not, he doesn't know what to do.

[damihe]

I agree with you all, I also think he is in over his head.

but how on earth can i find a good law firm from the country I am living in? I can google, but are there any data banks online with special lawyers for special fields? the accident happened in florida, does anyone know of good 'slip and fall' lawyers or a way of finding one? I would really appreciate any help!!!!!!!

i am really frustrated with my lawyer, he also has problems receiving my emails, we had to make extra email accounts and then he still never answers my emails....I hate that.

I also don't even have copies of what he filed when with whom....If I had the money I would just hop on a plane and fly back over there to hire a BIG law firm or at least a better lawyer.:-( but right now I am bussy keeping track of all the bill pouring in!

[damihe]

Originally Posted by ecmst12

Sounds like this is the kind of thing that OP needs a lawyer who is very experienced with this type of litigation. He got a lawyer who thought it would be an easy insurance claim and now that it's not, he doesn't know what to do.

oh, by the way, I am a female:-)

[You Are Guilty]

Originally Posted by tranquility

...If not, then he has a chance to pierce to the owner and may get something. Who knows what the owner did with any cash in the business? Maybe he paid back a loan he made to the business before paying other creditors.

We must know different types of "business" people. Here, if someone fails to get insurance, the odds are pretty good it's because they a) have no assets (they feel are) worth protecting; b) have insufficient cash flow to afford the premiums; or c) both a & b.

(As an aside, do you think an attorney who can't even manage to handle this case now that there's no insurance is going to be able to successfully prosecute a claim to pierce the corporate veil?)

Originally Posted by damihe

I agree with you all, I also think he is in over his head.

but how on earth can i find a good law firm from the country I am living in?

These folks may be able to help:
http://www.floridabar.org/divpgm/lronline.nsf/wreferral6?OpenForm

Good luck.