Can You File a Lawsuit if You’re in the Middle of a Bankruptcy?

Lake Charles Car Wreck - What If I'm in the Middle of a Bankruptcy?

Car accidents happen every day. You see them on the way to work or school. Two cars idling on the side of the road, waiting for the police to come. Or you see an ambulance speeding by, knowing they’re probably on the way to an accident scene.

If someone’s injured in a car wreck, they have the right to demand compensation. Whether this means they file an insurance claim or a lawsuit, the goal is to be reimbursed for your losses. There’s no reason you should pay out of pocket for these sorts of losses.

If the accident was the other driver’s fault, you have to contact a Lake Charles car wreck lawyer. If you’re lucky, the other driver’s insurance company will pay your claim right away. When this happens you’ll have your check within a matter of days or weeks.

However, your insurance claim may be denied. If this happens, your Louisiana car accident lawyer will have to file a lawsuit on your behalf. This lawsuit will demand that you be compensated for the following:

  • Medical bills
  • Lost wages
  • Property damage
  • Pain and suffering
  • Permanent disability

Depending on how serious your injuries are, you could be looking at several thousand dollars. Some of these cases even carry damages of over a million dollars. Your Lake Charles car wreck attorney is going to work hard to get you every penny you deserve.

How Much Will Your Damages Be?

There’s no way to know exactly how much your damages will be. It really depends on how bad your injuries were. A rear-end accident, for example, probably won’t be worth as much as a head-on collision.

Let’s take a look at how each type of damages are calculated in a car accident case.

Medical Bills:

You’re entitled to compensation for present and future medical bills. Your Louisiana car wreck attorney will have a doctor testify as to any future medical care you may need. This could include surgeries or physical therapy. These things will be expensive. Your personal health insurance isn’t going to want to cover these expenses. Your lawsuit will also have to cover any third-party coverage already provided. So, if your insurance company or the State paid for your treatment, they have to be reimbursed. This can easily add up to over $100,000.

Lost Wages:

If you miss a lot of time from work, you have the right to be reimbursed for lost wages. You also have a right to be compensated for any future lost wages caused by the accident. Depending on how serious your injuries, this could be anywhere from $50,000 to millions of dollars.

Property Damage:

If your car is damaged in the crash, you’ll be entitled to the costs to repair it or replace it. These damages would be limited to the actual replacement value of your car.

Pain and Suffering:

If your injuries were severe, pain and suffering may make up the lion’s share of your damages. For very serious cases, this can range anywhere from $250,000 to millions of dollars.

Will Your Settlement Be Eaten Up by the Bankruptcy Court?

If you’re in the middle of a bankruptcy at the time of your accident, your settlement proceeds may be considered assets. However, technically, your bankruptcy petition only includes debts and assets acquired up to the date you file bankruptcy.

Keep in mind, your creditors will argue that your settlement proceeds should be counted as assets for bankruptcy purposes. The trustee may make this same argument. Your Lake Charles car wreck lawyer will work with your bankruptcy attorney to try to keep this from happening.

What may happen is the settlement can be counted as pending assets for bankruptcy purposes. The court may require that you change your Chapter 7 bankruptcy to a reorganization under Chapter 13. If this happens, the trustee will demand that you use your settlement proceeds to pay back your creditors.

Keep in mind, however, that the only proceeds that can be considered income is the net amount you receive. The court won’t count the proceeds used to pay your attorney or medical bills as part of your assets.

Call an Experienced Lake Charles Car Wreck Lawyer Right Away

If you’re in the middle of a bankruptcy and get into a car accident, you need to contact a Lake Charles car wreck lawyer immediately. Your lawyer can work together with your bankruptcy attorney to protect your settlement proceeds.

Call today and schedule your initial consultation. The consultation is free and you pay nothing until you settle your case.

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