QUESTION
Should we file for bankruptcy if we don’t get the settlement?
Asked on Oct 10th, 2012 on Personal Injury - California
More details to this question:
My husband and I were in a serious car accident on March 2012. We are trying to go thru with getting a settlement. The hospital wants to get in on our settlement, if it comes thru. We need to know what the smartest thing to do. We may not even get the settlement.
13 ANSWERS
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Whether you should file for bankruptcy is a complicated question that depends on the amount of your debts, including medical bills, the value of assets that you own, your income, and how much you will receive in settlement (if you file for bankruptcy, your settlement will become the property of the bankruptcy trustee to go toward your debts). You should set up a consultation with a bankruptcy attorney to discuss these issues.
Answered on Oct 13th, 2012 at 5:14 AM
Dennis P. Mikko
If you were to file bankruptcy, your settlement would become part of the bankruptcy estate. The real question is, why did your auto insurance not pay for your medical expenses. Under no-fault, your insurance company would be responsible for your medical expenses.
Answered on Oct 13th, 2012 at 5:13 AM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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The hospital will get less than they want. See what they offer before you contemplate bankruptcy.
Answered on Oct 12th, 2012 at 9:43 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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It is none of the hospitals business nor anyone else. If you have clear liability and serious injuries you need to have an attorney., you are not equipped to deal with an adjuster who is basically trained to take advantage of you., His job is to SAVE MONEY FOR HIS COMPANY. Got it? He will not tell you that you are entitled to income, wage loss, future medicals, permanency, pain and suffering. He will likely offer to pay your bills and make you THINK her is doing you a favor. Do yourself a favor and get the best PI lawyer you can find.
Answered on Oct 12th, 2012 at 4:32 AM
I am not a bankruptcy attorney and you should consult with one if you are seriously thinking of going bankrupt. The hospital is entitled to be paid for services rendered. However there are issues which arise if insurance paid for some of your care and treatment. It can get very complicated. If you have filed a lawsuit the hospital can assert a lien against your settlement. The hospital can actually assert its own lawsuit to get its money from the party settling with you, even if you did not sue. If health insurance paid any of the medical bills, you probably have to pay that back as well, it would be part of the insurance contract you have with them. Of course all of these repayments can be negotiated. As I said, it can get very complicated.
Answered on Oct 12th, 2012 at 4:06 AM
Thomas Edward Gates
You should set-up a third party claim to cover your medical expenses. Bankruptcy should be your last resort. Say you file for bankruptcy and the settlement comes through, you may have to use your settlement to pay all of your creditors before you can be discharged from bankruptcy.
Answered on Oct 12th, 2012 at 4:06 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Honestly what you should do is get an attorney to assist and counsel you regarding your situation. The attorney too will take part of the settlement but generally will enhance the actual return to you by an amount which is greater than his fees. It is not unusual at all for a hospital lien any recovery for their medical expenses, someone has to pay the bill.
Answered on Oct 12th, 2012 at 4:06 AM
There are definitely things that can be done without resorting to bankruptcy. You should be speaking to an experienced personal injury attorney for a free consultation. An attorney can often negotiate hospital liens down from an injury settlement.
Answered on Oct 12th, 2012 at 4:00 AM
Steven D. Dunnings
Are you settling a claim for pain and suffering or medical benefits or what? Is this in Michigan? If you don't have an attorney you should get one.
Answered on Oct 12th, 2012 at 3:53 AM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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Consult an attorney.
Answered on Oct 11th, 2012 at 6:29 PM
Ronald A. Steinberg
Don't you have a lawyer? If not, you better get one. If you file for bankruptcy, the settlement belongs to the trustee.
Answered on Oct 11th, 2012 at 6:28 PM
Debt Collection Attorney serving Fresno, CA
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Nunes Law, Inc.
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I am sorry to hear about your accident. If you have retained the services of an experienced attorney, he or she will help work out repayment of any medical expenses arising from the accident.
Answered on Oct 11th, 2012 at 6:28 PM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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Get an attorney! Good luck.
Answered on Oct 11th, 2012 at 6:28 PM