Will Being in Bankruptcy Affect My Personal Injury Case?

Oregon Personal Injury Law Questions and Answers

Q: How will being in bankruptcy affect my Portland personal injury case?

A: Being in bankruptcy can have a serious impact on any settlements you may receive through a personal injury case. In bankruptcy, your claim does not belong to you, it ends up in the hands of your bankruptcy trustee. General outcomes have injury victims able to keep up to $10,000, with the rest going to your creditors. The above situation is not always the case, and there are plenty of exceptions to this. Being able to negotitate may help your outcome considerably.

If you are in bankruptcy and get into an accident, it is absolutely important to inform your bankruptcy lawyer or trustee of any impending claim. There is no way to fool them; their jobs entail finding these things out. To hide a personal injury claim from your lawyer or trustee is fraud, and as a result of this you would lose any money you won, your personal injury lawsuit could be thrown out of court and you could go to jail.