Slip & Fall in Supermarket

[coolkonnie]

Hi, My daughter lives in New York State and a few years ago she slipped and fell in a major supermarket chain. A lawyer took her case. My daughter also had surgery because of the slip and fall three years ago and her lawyer just called her last week stating that her case is over because the supermarket chain has filed bankruptcy and they did not have insurance. This just doesn't sound right. Should my daughter pursue this further by getting another lawyer or is it true you cannot sue a company if they file bankruptcy? Thank you for any advice you might give.

Regards,
Coolkonnie

 

[ecmst12]

I'm sure she can get a full explanation from the lawyer, but basically you can't get blood from a turnip.

 

[Adam G]

I've heard of insurance companies going belly up and plaintiffs having to pursue their claims with the state insurance guaranty fund, but a store having no general liability insurance? That's tough to believe, but possible in a hypothetical sense.

OP's lawyer should file a claim with the bankruptcy trustee and get in line with all the other unsecured creditors. Maybe you'll get 10 cents on the dollar.

 

[tranquility]

Make sure you make a claim as a creditor.

 

[coolkonnie]

Thanks everyone. Do you think my daughter needs the lawyer to submit a claim as a creditor? Or can she do this herself?

 

[ecmst12]

I think her lawyer told her that it would not be worth the time or money to go that route. He would say this for a reason.