Blog 
General
- Another Hot Coffee Burn Case in NY - and the Plaintiff Wins
- Why Proving Notice in a NYC Trip & Fall Case Isn't Easy
- Why Filing an Insurance Claim for Irene in NY Will Probably Fail
- Technicality Splits NY Appeals Court in Right to New Negligence Trial
- Why Jury Verdict Reports From a NY Personal Injury Case May Be Misleading
Library
General
- When Videotaping a Deposition is a Good (Great) Idea in New York
- When a New York Building Owner Can Be Held Liable for Negligent Security
- How New York's Courts Assess Comparative Fault in a Negligence Case
- When an Independent Contractor's Negligence Can Lead to Liability Under NY Law
- What NY Courts May Do When a Plaintiff Can't Remember the Accident
Case Results
School Negligence / Negligent Supervision
- $45,000 Recovered for Brooklyn Girl Burned By Excessively Hot Water
- $250,000 Recovered For 7 Year-Old Student Hit By Car at Dismissal
- $90,000 Recovered For Girl Burned By Soup That Was Negligently Prepared By Home Health Aide
Awarded: $45,000
Awarded: $250,000
Awarded: $90,000
Construction Site Accidents
Car Accidents
- $350,000 Recovered For Passenger in NY Taxi Cab
- $145,000 Settlement for Back Injury Resulting from Suffolk Boating Accident
- $75,000 for Queens Man Who Was Backed Into by Lincoln Navigator
Awarded: $350,000
Awarded: $145,000
Awarded: $75,000
Slip / Trip and Fall Accidents
- $115,000 Post-Trial Settlement for Trip & Fall in Long Island Store
- $300,000 Recovered For Woman Who Tripped and Fell Over Misleveled Sidewalk
- $75,000 Recovered For Woman Who Tripped and Fell Over Water Hose
Awarded: $115,000
Awarded: $300,000
Awarded: $75,000
Defective Products
- $550,000 Recovered for Woman Whose Achilles Tendon Was Cut
- $90,000 Recovered for Woman Who Sustained Second Degree Burns When Handle Broke Off From Ceramic Mug
Awarded: $550,000
Awarded: $90,000
Other
- $80,000 Recovered For Woman Assaulted By Building Superintendent
Awarded: $80,000
1.866.374.1164
What effect, if any, does a defendant's declaration of bankruptcy have on my personal injury lawsuit in New York?
As featured on:
A:
Generally speaking, you may have to file a Proof of Claim, and become one of the defendant's creditors, and if your lawsuit had been formally commenced, it will be stayed, meaning no further action on the claim can happen, UNLESS you enter into an agreement to pursue only the available insurance coverage (assuming there is any) rather than the defendant's assets. For additional information on this topic, please see "How a Defendant's Bankruptcy Can Affect Your NY Personal Injury Case."
Long Island, New York Jonathan Cooper practices in Nassau, Queens, Brooklyn, Bronx, New York City and Westchester. In order to order a FREE copy of his Book on New York accident lawsuits entitled "Why Most Accident Victims Do Not Recover the Full Value of Their Claim," or to schedule a free consultation with Mr. Cooper, please contact his main office located in Cedarhurst, Long Island at 516.791.5700.
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News
- Bronx Pedestrian Killed While Crossing Middle of Bruckner Expressway...
Posted on 12/30/2010 - After Falling Down NY Hotel Elevator Shaft, Man Gets $8.5 Million...
Posted on 12/14/2010 - Jury Awards NY Couple Nearly $200,000 For Mold Damage...
Posted on 8/9/2010 - Finance Company Files $24 Million Breach of Contract Claim Against Annie Leibovitz...
Posted on 8/2/2009 - Trade Secret Soft Drink Formula Found To Have Traces of Cocaine...
Posted on 6/11/2009 - ...
Posted on 6/11/2009 - New York Company Wins $17.5 Million in Breach of Contract, Trade Secret Theft Lawsuit...
Posted on 3/10/2009 - Two Engineers Indicted for Trying to Steal Goodyear Tire's Trade Secrets...
Posted on 3/7/2009 - Homeowners Awarded Over $20 Million For Property Damage Caused by Hurricane...
Posted on 2/16/2009 - Supplier Sues Putnam County Manufacturer for Breach of Contract, Defective Parts...
Posted on 2/15/2009
FAQs
School Negligence / Negligent Supervision
- Are day care facilities in New York required to carry insurance before they are allowed to be licensed?
- Can a child be held liable for negligence under New York law?
- Can a parent be held responsible, or liable in negligence, for the acts of his child under New York law?
Construction Site Accidents
- Can a construction worker recover damages for his personal injuries that were sustained when he trips over a cinder block at a worksite under New York law?
- What laws apply to a New York construction accident?
- Can I sue my employer in NY for the personal injuries I suffered while working on a construction job site?
Car Accidents
- If I rear-end another vehicle, does that automatically mean that a court will find me 100% at fault for the accident under New York law?
- Who is responsible to maintain the roadways in New York?
- If a traffic light governing an intersection isn't working, does that mean that New York City or the municipality can automatically be held liable in negligence for my accident under New York law?
Slip / Trip and Fall Accidents
- Can New York State be held liable for a trip and fall accident on a defective sidewalk fronting its property?
- What does a property owner need to prove in order to have a slip and fall case dismissed before trial in New York?
- What is the most important factor to proving a trip and fall case against New York City?
Defective Products
- If a product is obviously dangerous, does that mean that it can't be considered defective as a matter of New York law?
- If someone is largely - but not entirely - to blame for their own accident, will that preclude them from recovering damages for their personal injuries in a negligence or defective products lawsuit?
- If a manufacturer or distributor of a product issues a product recall, does that mean that they have conceded that their product is defective?
General
- If a plaintiff cannot remember how his accident occurred, does that mean that his case must be dismissed as a matter of New York law?
- Is a school required to supervise its students at an after school program under New York law, and if so, what is the school's standard of care?
- What effect, if any, does a defendant's declaration of bankruptcy have on my personal injury lawsuit in New York?