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Farris, Riley & Pitt, LLP > Will my bankruptcy claim affect my personal injury claim?

Written by Farris, Riley & Pitt, LLP

Last Updated : March 22, 2024

Will my bankruptcy claim affect my personal injury claim?

Video Transcript

Bankruptcy claims do affect personal injury claims. What happens when you file bankruptcy is a bankruptcy court creates what is in essence an estate for you, and your estate encompasses all of your assets. Your claim in a motor vehicle accident, or any kind of tort case, is an asset of your estate, so the bankruptcy court will take that over. Now, in the event that your recovery is large enough that it takes care of your bankruptcy, the financial needs of your bankruptcy filing, then any excess money would go to you, but the bankruptcy court does take over your personal injury case.

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faqs

How Much is My Case Worth?

This is an extremely difficult question to answer. The value of a case is based on a wide range of criteria including:

The extent of your injuries
Your inability to work / loss of earnings capacity
Your age
Past medical bills
Future medical bills
Pain and Suffering
Whether injuries are temporary or permanent
The insurance coverage of the other party
The identity and financial condition of the other party
and other factors.

All cases are unique and we assess them on a case-by-case basis.

How Do I Know if I Have a Case?

To have a personal injury case, you must have suffered an injury, and that injury had to be at least partially the fault of another. The injury can be physical or non-physical depending upon the case and the basis of the lawsuit. Invasion of privacy, assault, infliction of emotional distress or an attack on your reputation are examples of injuries that are non-physical.

How Long Will My Lawsuit Take?

Some cases settle within weeks, while others require litigation and can take over a year to reach completion.

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I was involved in an automobile accident in Alabama and, being from Atlanta, I was referred to Farris, Riley & Pitt through a mutual acquaintance.First off, it is my sincere hope that no one reading will have to utilize their services but if you do, I cannot express how Kirby Farris and his team made an unpleasant situation an ordeal as pleasant as possible.My accident was not my fault yet the defendant and his insurance company wanted to play 'hard ball' which proved to be a mistake on their part. Farris Riley & Pitt did their homework and the other team became very aware their tactic was a losing one when their client's version of the truth was quickly exposed during deposition.I cannot recommend Farris Riley & Pitt enough and am so very, very thankful to have received the outcome I did thanks to their professionalism, mastery of the law and personal attention.

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All I can say about this firm is that they are the best. I enjoyed working with them on my case and would not hesitate to call on them in the future if needed advice. Everyone was very friendly and understood the issues. Special thanks to Caitlin and Brett.

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