Injury settelment question...

[Peevee]

I'm in Tennessee and i'm in a chapter 13. I was hurt at work right elbow, dr done surgery. I went and done physical therapy and when I was released by the doctor they offered a settlement. My bankruptcy lawyer is also a workers comp lawyer so he handled it. I had to get permission from the trustee before I could get the money. I had to present a form on exactly what i was going to use the money for. My settlement was 13,000 and after the lawyer got his part it left me with $7700 and some change.

[NowImDownInIt]

I'm in Tennessee and i'm in a chapter 13. I was hurt at work right elbow, dr done surgery. I went and done physical therapy and when I was released by the doctor they offered a settlement. My bankruptcy lawyer is also a workers comp lawyer so he handled it. I had to get permission from the trustee before I could get the money. I had to present a form on exactly what i was going to use the money for. My settlement was 13,000 and after the lawyer got his part it left me with $7700 and some change.

Dang he took a hefty fee!

[Flamingo]

I'm not, nor have I ever, expected a major windfall here. If my acl is torn, this is a serious condition and my knee will never be the same. I really wish someone would just answer the question instead of questioning my intentions. No, the lemon wedge was not malicious, but certainly negligent on their part. Car accidents are not malicious either, accidents rarely ever are...thats why they are called accidents.

If you reread my initial posting, your question was basically answered. Advise your attorney as to this situation right away and he/she will tell you what to do. Since you have already retained an attorney, that should always be your first step when anything occurs that could affect anything financial during your BK. Since you may or may not get a settlement from this (as I stated, it could take a while especially if the defendant fights it [depends on the negligence involved on their part, if any, because if drinks are allowed in various areas where you were a prudent person would know there could be something on the floor from anyone's drink and employees/staff do not monitor people walking around holding drinks...just giving you an example].

[fltoo]

You know, once again, my original question is...is a personal injury settlement protected in Missouri.

The word malicious means that someone attacked you meaning to hurt you. Even a drunk driver...who is obviously negligent, is not malicious. I'm not going to argue anymore......I thought I would get an answer to my BK question here...

Nowimdowninit...I appreciate your thoughts and concern. I actually had an ACL reconstruction on my other knee about 4 years ago and I will never be the athlete I once was....I cannot even squat without being in intense pain.

Since, I've torn one ACL I know what it feels like to tear one...I am not just speculating. From the research I have done, it's a premises' job to make sure they have a safe environment for their patrons. It does not matter who dropped the lemon peel, what matters is that it had not been cleaned up by their staff. I guess the casino thinks the same thing because their insurance rep has already called me and asked my condition and if I had seen an ortho yet.....

If anyone knows about personal injury settlements in regards to BK's, please let me know!

thanks

The casino rep called you for one reason. They need to protect themselves from people like you. They, like most of us, are sick of ridiculous lawsuits.

Also, 1/3 of a settlement is the norm for ambulance chasing lawyers.

As far as answering your question about the settlement being exempt, I have no idea, nor do I ever plan on knowing.

[berrymom31]

"The casino rep called you for one reason. They need to protect themselves from people like you. They, like most of us, are sick of ridiculous lawsuits."

Fltoo..have you been ridiculously sued? ....you have no idea what you are talking about or how you would react in the same situation. I hope you are never injured and have to suffer through the knowledge first hand. You are rudely attacking me and I have given you no reason to do so. I have three kids to take care of and cannot even walk up the stairs..have to take pain killers to sleep at night because of the pain...my knee is swelled 3 times the normal size...bruised, scraped up...and I will more than likely have to suffer through more than one painful, expensive, life consuming surgery.(and I do know, because I suffered a similar injury to my other knee years ago playing college level volleyball, it ended my athletic career, scholarship and I have never ever been the same)....you don't know my situation nor do I owe you any sort of explanation for my actions and reactions. I would also watch what I would say about what you would and would not ever do, as "ever" is a long time.

I'm bankrupt, as I assume you are as well. Of course, I am excited about a potential settlement, even if it's a minimal amount that will buy my kids school clothes, Christmas or a car repair we desperately need. Or how about enough to pay the lawyer the rest of her fee? Do I feel bad? No. Not when casinos steal money from desperate people every day..and when I was just walking along minding my own business and injured myself in an area they are responsible for keeping safe for their patrons.

Also if I were you I would stay out of threads where the only thing you are interested in is causing trouble and drama....the last time I checked this was a BK13 forum and not a caddy teenage girl drama forum. I asked a BK13 question and have absolutely no interest in your opinion unless you have actual information. Why don't you find something constructive to do with your time, and keep your posts limited to those threads where you have some actual knowledge and where your opinions will be valued.

[Flamingo]

Berrymom....anytime a person sustains an injury on another premises/property that was no fault of their own, they have the right to investigate filing a lawsuit for negligence. There is absolutely nothing wrong with that. That is also why we have insurance on our homes/property. You are covered if someone falls and injures themselves on your property through no fault of their own (i.e., cracked sidewalk, etc., etc.). You are within your rights to investigate this as anyone would in your situation. Your situation is a bit different in that you are in the midst of filing BK so you have to ensure your attorney is aware of all this and can appropriately guide you in the event you should pursue the matter. I hope you feel better soon!

[MajorMike]

Wow, I fell down the stairs a few years ago after falling on a piece of ice that was in a very expensive restaurant that my boss took us to. I broke my kneecap and tore a huge 4 inch gash which had to be obviously sewn and I had 2 surgeries because of it. I didn't sue because I have a conscience and wouldn't want someone to sue me if that happened in my restaurant. The manager was very nice, checked on me constantly and apologized over and over. My insurance covered all the medical bills but that's all I'd have them pay for if I had been responsible for them. I'd never take advantage like that....but if you do, then that's up to you....I guess. People sue all the time for things like burning your mouth on hot coffee and blaming it on McDonalds. Geez, someone could of dropped that lemon out their drink just seconds before you came by and the casino is at fault? Wow...now I've heard it all... and by the way, casinos don't STEAL MONEY from people. People go there and give it to them. The casino isn't coming by your house and taking your wallet....so please don't even go there...

I see how ethical you really are hiding money from the IRS possibly and the trustee...

"Also, my checks are hand written because I am a contractor and I take them straight to the bank they are written from...get the cash and then only deposit the amount that I want shown on my bank statement. Either that or when you make a deposit, keep some out as cash. It's very easy to control and manipulate your bank statement."

[berrymom31]

Wow majormike...did you keep all the goods you charged up on your credit cards that you are paying only a fraction back to? You've never stolen a thing have you....I guess. Once again, if you have no BK INFORMATION, I don't want your opinions. This is not the..."is this a moral decision" forum the last time I checked.

Aren't you supposed to be a mentor? Thanks for the great advice.

[MajorMike]

At least I'm paying back with all my disposable income and not trying to seek out a chapter 7......You started it and had to know it would cause a frenzy...

[fltoo]

If you reread my initial posting, your question was basically answered. Advise your attorney as to this situation right away and he/she will tell you what to do. Since you have already retained an attorney, that should always be your first step when anything occurs that could affect anything financial during your BK. Since you may or may not get a settlement from this (as I stated, it could take a while especially if the defendant fights it [depends on the negligence involved on their part, if any, because if drinks are allowed in various areas where you were a prudent person would know there could be something on the floor from anyone's drink and employees/staff do not monitor people walking around holding drinks...just giving you an example].

Business associate who owns a restaurant/bar won a lawsuit based on the
"prudent person" theory. Wasn't exactly called that, but that was the basic defense.

[berrymom31]

I asked a question about a personal injury settlement and my chapter 13 obligations....No, I had no idea I would be attacked by forum posters. Yes, we are considering a chapter 7, but I'm not the one who rode my high horse in here preaching as you MajorMike.

And Fltoo..Yes someone did answer my question and I'm grateful for that. It's the posters who post just to put their 2 cents in on the morality of my decisions that pi$$ me off, and have absolutely no knowledge on the question posted. Oh, and Fltoo and MajorMike...if an insurance adjuster called and offered you money to sign a release you know you would take the money and run...don't act like you wouldn't. I never said I was going to take this to trial, but I will certainly take any money I am offered by the casino...only a fool wouldn't.

Maybe you two should read the forum rules before you post and pass by the questions in which you have no experience nor anything nice to say. I'm sure there are forums out there where people love debates and enjoy being nasty to people. Find one.

[fltoo]

I am a fool that was rear ended by a trucker on a cell phone. Thankfully, I only broke my wrist and it healed nicely. I took money for medical bills and my car only.

There are times when law suits are most certainly necessary.

Let's just agree to disagree on personal injury lawsuits.

[berrymom31]

Thats fine...once again I never asked for anyone to agree with me...I just had a question about it regarding my BK. You cannot expect me not to defend myself when attacked.

[MajorMike]

It's your conscience, berrymom and if you're ok with it, whose to judge right? I'm not following you from post to post by the way. You just happen to be the poster I disagree with. It's your sense of morals that amaze me. And I was offered a settlement check from my injury and declined....but then again some of us are greedy...
It's your right....alot of greedy people in the world...I guess that's why they get ahead...
You're the one that said the casino STOLE from people when you know that's not the case. You accused the casino of stealing and I can't accuse you of being greedy? It's a free country....hope you get what you want.

[berrymom31]

MajorMike...my conscience is perfectly clear. I have addressed this situation and you with the moderators..so please note that I am no longer interested in your opinions and please disregard any posts from me in the future and focus on trying to help others on this forum. I'm sure that you have valuable information to offer people here, but please keep in mind that this is stressful and emotional and many people need simple answers to legal questions...not lectures on morality.

Also keep in mind that you can be kicked out of this forum if you keep attempting to initiate negative confrontations with me, or anyone else.