injury

June 30, 2010

Timing a Bankruptcy Filing and the Filing of a Personal Injury or Wrongful Death Claim

I was hurt in a wreck with a tractor-trailer six months ago. I lost my job and my medical bills are enormous. I am behind on my mortgage and have been unable to make my car payments. Should I file bankruptcy, get my financial house in order, and then file a lawsuit against the trucking company? I want to be able to get rid of all this debt and be able to keep whatever money I recover in the lawsuit to meet my needs for the rest of my life.

There is a major problem with your plan. When you file for bankruptcy you are asked to answer questions under oath about your assets and liabilities. One of the questions you will be asked is whether you have any claims against another person or entity. Thus, you will have to tell the Bankruptcy Court that you have a claim pending against the trucking company. This is true even though you have not filed a lawsuit – you still are considered to have a claim pending that must be disclosed to the Court.

When you tell the Bankruptcy Court that you have a claim pending that fact will be taken into account in determining whether you are a candidate for bankruptcy and what amount should be paid to your creditors. As I explained in a prior post, you will also lose significant control over the progression of your case.

June 29, 2010

Will Filing Bankruptcy Affect My Personal Injury Case?

by The Law Offices of John Day, P.C.

I have a personal injury lawsuit pending in court. I am 3 months behind on my mortgage and the company is threatening foreclosure. My credit card bills are way behind. I think I need to file bankruptcy. How will filing bankruptcy affect my personal injury claim?

Your pending personal injury lawsuit will become an asset in the bankruptcy proceeding and the value of your case will be taken into account in determining whether you are in fact insolvent and the payment to your creditors.

More importantly, the bankruptcy trustee assumes control of your case and decides whether it should be settled or tried and, if it should be settled, how much it should be settled for. You will have the right to speak your opinion about such matters, but at the end of the day the bankruptcy trustee and the bankruptcy judge will make these important decisions.

Thus, filing bankruptcy will cause you to lose control over you case.

June 9, 2010

Should I Settle My Case on My Own?

by The Law Offices of John Day, P.C.

I was hurt in a car wreck last year. I having been talking with the other driver’s insurance company and they tell me that they are going to make me a settlement offer. How much time do I have to file a lawsuit in the event I don’t get the case settled on my own?

In Tennessee you ordinarily have one year from the date of a car or truck accident to file suit against the responsible parties. Do not assume you have more time unless a lawyer familiar with all of the facts advises you that you have more than one year. Failure to file suit on time will result in a loss of your rights.

However, you should not wait until the eve of the one-year deadline to contact a lawyer. A lawyer needs time to conduct an investigation and do the paperwork necessary to file a lawsuit.