Choosing The Right Course of Action

About four years ago, I could tell that things were turning south with my business. Cash flow was tight, and customers simply weren't coming back to shop some more. I realized that if I was going to keep my house, I would need to do something to resolve my finances. Although it was scary, I decided to meet with a bankruptcy attorney. After I explained my situation, he helped me to understand the process and how to tell if it was a good idea or not. When I decided to do it, things started changing for me right away. This blog breaks down bankruptcy in layman's terms, so that you can decide whether or not it is right for you.

Bankruptcy And Personal Injury? How These Two Legal Fields Meet


Personal injury lawyers typically work on cases where someone was physically injured and/or harmed by someone else's actions. However, not all injuries are physical. This is why you can sue for "pain and suffering" or "mental anguish." In cases where companies file for bankruptcy, and the future of your job is very uncertain, you might be wondering if you can sue for personal injury. Here is how personal injury law and bankruptcy law meet, and why you might have a case against your employer.

A Co-Worker Loses It and Brings a Weapon to Work

The stress of a company-wide pending bankruptcy can cause some people to become rather unhinged. If you had a co-worker "lose it" and bring a gun to work and begin firing all over the place, you may be able to sue your employer. The reason for your case is that those in charge should have equipped the buildings with security guards and metal detectors, especially for use in cases such as this.

Your personal injury lawyer could argue that the lack of protection in a high-stress situation (i.e., the pending loss of jobs during a company bankruptcy) is the company's fault. Your injuries, both mental and physical, should be compensated for in light of this situation. In fact, if there were lots of other people who were injured as a result, you could all file a class action suit against your mutual employer. (Of course, you should be aware that, with the bankruptcy proceedings, it may be a very long time before your employer can provide any compensation the court has ordered.)

Embezzled Retirement Funds, Bankruptcy, and Employees

Every once in a while there is a rotten apple in the company tree. If your employer is filing for bankruptcy because someone embezzled all of the funds from the employees' retirement account, you can sue. This would definitely be a class action suit, considering the number of employees this effects. The purpose is to get all of the tax-deferred dollars that you invested back from the company and make sure they cannot claim it on the bankruptcy papers.

Clearly, this becomes a personal injury case because you have just had a lot taken away from you. Your plans for retirement are gone, and you may be in the midst of PTSD or major depressive episode because of it. Anger and shock are common reactions too, and these typical reactions can lead to physical reactions, such as high blood pressure, stroke, and heart attacks. If any physical reactions occur as a result of the emotional strain and stress to this situation, it can be filed under a personal injury lawsuit. 


15 October 2017