Legal Question in Personal Injury in New York

personal injury Hit on head

My 76 year old mother suffered a concussion after a clerk dropped a heavy toy from a top shelf on her head. ( 12/2008) She went to the hospital and was released. The Toy company ( K and B Toys) gave us the name of their insurance company AIG and we filed a claim. She has insurance thru Medicare and blue cross but did not contact them because it is the toy stores fault and should be paid by AIG. The problem is that the Toy Store is going thru bankruptcy and therefore all claims are on hold at this time. What should she do? Her bill from the hospital is 2000.00 She can not afford to pay the hospital. Will she be libel ? The store is in New York state and the company is out of California


Asked on 1/03/09, 10:18 pm

2 Answers from Attorneys

Re: personal injury Hit on head

Submit the hospital bill to the health insurer, now. During a bankruptcy all claims are stayed, or frozen, and nothing moves forward. There are sometimes ways around this, but they are rather complicated and require legal services. You may receive notification from bankruptcy lawyers regarding submitting a proof of claim. But bankruptcy proceedings can take years, and there is no way of knowing whether your mom's claim will ever produce results.

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Answered on 1/04/09, 7:45 pm
Pasquale Calcagno Calcagno & Associates, PLLC

Re: personal injury Hit on head

I am very sorry for your terrible ordeal. I would be happy to provide a free consultation to you. Kindly contact me at 1(800)WE-FIGHT to discuss your case. We have convenient locations all over New York state. You can also visit us on the web at www.1800wefight.com.

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Answered on 1/05/09, 6:03 pm


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