Blogs

How does bankruptcy affect a personal injury claim?

Things don't happen to us one at a time, and when two important areas of the law collide, you can be left without full justice.  If you have filed for bankrtupcy relief either before or after being in a car accident, you and your bankruptcy lawyer must review and understand all the facts and the law about how  your personal injury claim affects your bankruptcy and vice versa.  

The bankruptcy code provides for several kinds of assets that are exempted from the bankruptcy procedure, and you and your lawyer must know what they are and how they affect you.

Always, always, always tell both your bankruptcy and your personal injury lawyer all the facts.  Put them in touch with each other, so they can figure out how to maximize your remedies in both your bankruptcy and in your personal injury claim.

If your bankruptcy lawyer does not know that you have a personal injury claim -- or the facts about your medical bills and injuries -- then s/he cannot properly protect you from your debtors.  On the other hand, if you file for bankruptcy without telling your personal injury lawyer, you may not be able to recover the full damages that you would otherwise be entitled to recover.

Be sure to explore these exemptions with your bankruptcy lawyer if you have a personal injury claim.

We are not bankruptcy lawyers.  However, this issue is very important.  If you have been injured in an accident and are thinking about filing for bankruptcy relief, give us a call, 703-273-9500, or contact us through the website, and we will refer you to an experienced bankruptcy lawyer.