Friday, September 21, 2012
You can't pay your bills.
You can't pay your mortgage.
Your creditors keep calling every day.
You're on the verge of declaring bankruptcy.
At the same time you believe that a doctor or hospital did not treat you properly and caused significant injury. What do you do?
If you declare bankruptcy, you must list all of your "assets" in your bankruptcy petition. This is a sworn statement to the bankruptcy court declaring all the things you own including any lawsuits or potential lawsuits.
If, while your bankruptcy matter was pending, you then went ahead and filed a medical malpractice lawsuit seeking compensation for your injuries without first getting special permission from the bankruptcy court, that would have devastating consequences for your malpractice case.
Let's turn that situation around.
Let's assume that you started a medical malpractice case first.
Shortly after starting your malpractice lawsuit in New York, you realized you needed to file bankruptcy since you were out of work as a result of your injuries and had no way to support yourself or your family. In that instance, you would be required to list your medical malpractice lawsuit as an "asset" of your bankruptcy estate.
Watch the video to learn more...
Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client.
Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering.
To learn more about how medical malpractice cases work in the state of New York, I encourage you to explore my educational website.
If you have legal questions, I invite you to pick up the phone and call me at 516-487-8207 or by email at firstname.lastname@example.org. This is what I do every day and I'd be happy to chat with you.
Law Office of Gerald Oginski
25 Great Neck Road, Ste. 4
Great Neck, NY 11021