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Have you been involved in a car accident that was the result of another person’s negligent behavior? It’s best to take action as quickly as possible in order to protect your claim. Waiting too long could put you at risk for a variety of reasons. Failing to file your claim within the statute of limitations could close the door on your ability to take action. Additionally, if the responsible party files for bankruptcy at some point during the process, your ability to collect compensation may surely be impacted. When facing an accident case, it’s best to take action with the help of a personal injury attorney.

Personal Injury Claims

If you have been injured in an accident and have suffered damages as a result, you may be entitled to compensation. Considering this option is best when done with an attorney who has experience in managing these types of situations. There are a number of reasons people who have been injured at the hands of another may choose to pursue a personal injury claim, including:

  • You should not be required to carry the financial burden from an accident that was the result of someone else’s negligence.
  • You are facing injuries that require medical treatment.
  • Your injuries impact your ability to work.
  • Your injuries require extensive, ongoing treatment.

Although some personal injury claims are fairly straightforward, complications may arise. One such complication that may certainly impact your ability to acquire a settlement is when the defendant has filed or at some point during the case files for bankruptcy. This can potentially impact your ability to obtain the compensation you deserve. Facing this type of hurdle is one that you shouldn’t pursue without the help of an attorney.

Automatic Stay May Get in the Way

If the defendant has filed for bankruptcy, your ability to obtain compensation may be nearly impossible. When a person has filed for bankruptcy, an automatic stay goes into effect. This means that any efforts to collect a debt, including a lawsuit, must come to a halt.

Is My Case a Lost Cause?

Just because the defendant has filed for bankruptcy doesn’t necessarily mean that your attempts to collect damages are completely lost. However, you will certainly require an attorney savvy in the field to be able to help you navigate this situation. In some cases, a bankruptcy filing on the part of a defendant may only result in prolonging the resolution for your personal injury. If the defendant was intoxicated at the time of the accident you may still be able to pursue you case. Additionally, it may be possible for your attorney to request permission from the bankruptcy court for the ability to continue pursuing your civil case.

It can be incredibly frustrating to experience injures and losses from an accident that was caused by someone else. This is especially true when the accident may have been prevented. When the defendant has filed for bankruptcy, the road ahead is likely to be rife with complications and complexities. Unforseen complexities is a primary reason to contact a wage garnishment lawyer if the person you are seeking to obtain damages from has recently filed for bankruptcy.



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