Getting injured anywhere in the country is something none of us expect. Whether you slipped and fell inside a Target or Trader’s Joe, or you got attacked by a neighbor’s dog as you are jogging around the neighborhood, or even suffer health complications due to a surgery or child labor gone wrong, you have the right to seek legal reprieve via personal injury law which provides you with options for compensation via the filing of a claim. That said, filing a claim is just the beginning of the journey, and a lot of injured individuals do not expect the machinations as well as the unexpected forks in the road while pursuing compensation for their injuries caused by a negligent party.

Bankruptcy protection is a legal tool a lot of people use to stem the bleeding, so to speak, when they have more liabilities and assets and are unable to honor their financial commitments at the present moment. However, what happens when a defendant that caused your accident and consequent injuries applies for bankruptcy protection? Given the fact that they are legally responsible for the damages you sustained as a result of their negligence, a simple personal injury claim can end up being extremely convoluted and stressful and delay the payment of damages.

However, in personal injury law, delay is not a denial, and regardless of whether or not the other party applies for bankruptcy, there are legal tools you can use in order to recover compensation that we shall cover in this post. Keep reading to find out what these tools are, and how to navigate a personal injury claim where the defendant decides to apply for bankruptcy.

Why Choose McCready Law for Your Injury Case

Are you looking for the best countrywide injury lawyer? Please call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation. The experienced injury lawyers at McCready Law bring to the table over 90 YEARS of stellar legal experience, where we’ve helped tens of thousands of injured individuals seek compensation after getting injured by the negligent actions of other individuals or large corporations. Over the decades, we’ve been able to recover over $260 million in compensation for our clients and counting, and our massive success can be attributed to a number of factors such as personally handling all claims from start to finish; by contrast, most law firms simply hand over claims to legal assistants or paralegals who may not have the litigation or case law experience to assess and process a claim, something you will find in most law firms who favor processing claims fast at the expense of the client and the outcome.

We also work with top, nationwide experts in the medical, forensic science, accident reconstruction and accounting fields to come up with a case replete with objective evidence that demonstrates causality or fault that can stand up to scrutiny, helping raise the chances of you getting the maximum allowable compensation by law. We’re also not afraid to litigate having experience in the same as well as the resources and expertise to take a case to court and win – other law firms simply engage the insurance company in fast negotiations which usually end in the client getting shortchanged and receiving a paltry settlement.

In addition to running a bilingual firm (hablamos Español), we take on all claims on contingency fee basis, and what this means is that there are ZERO UPFRONT FEES for the duration of the processing of the claim, as we only levy our fees at the end of the suit, and only if we’ve recovered compensation on your behalf. If you or a loved one got injured due to the negligent actions of another party, please give us a call NOW at (314) 481-63338 to learn more about your legal options for justice and compensation – our intake team is standing by.

When a Personal Injury Defendant Applies for Bankruptcy: What Next?

When a defendant in a personal injury case files a bankruptcy petition, they invoke the power of the “automatic stay” which is essentially an injunction which temporarily halts most legal proceedings against the debtor as well as any personal injury lawsuits that may be pending in both federal and state courts. The aim of an automatic stay is to provide the debtor with a break from creditor actions so they can re-strategize and put their financial affairs in order without having the impeding threat of litigation hanging over their head.

Bankruptcy Protection Not Absolute

That said, while an automatic stay provides a degree of protection to the defendant, this protection is not absolute, and you as the plaintiff in a personal injury claim can file a motion with the bankruptcy court seeking “relief form the automatic stay” under 11 U.S.C. § 362(d). This would then provide you with relief “for cause” which includes the lack of adequate protect of an interest in a property if the debtor has no equity in the property or if it isn’t necessary to an effective organization.

Insurance Coverage May Apply Despite Bankruptcy Protection

Another way in which you can circumvent bankruptcy protection is if the defendant has insurance coverage, in particular, liability insurance. If this exists, the bankruptcy court will more often than not grant relief from the automatic stay to allow you to proceed with your claim against the defendant, as long as recovery is limited to the insurance policy limits and come from the insurer and not the bankruptcy estate.

Best Countrywide Injury Attorneys – Call Us Today!

The intricacies surrounding bankruptcy and personal injury claims can be complex and involve many laws that the average American will have a hard time figuring out. We’re here to not only help you save time but also expedite your claim regardless of the choice of the injured party to file for bankruptcy. Let us help you recover compensation if you got injured today: please call us NOW at (314) 481-63338 to learn more about how we can help you get compensated regardless of where you are in the country and despite the presence of a bankruptcy filing by the defendant. Remember, the call is 100% FREE, and there is no legal obligation. Thanks for choosing McCready Law, and we look forward to helping you.