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What are a victim’s rights for Bankruptcy prevention following an auto accident leading to permanent disability?
My brother got into a very serious car accident and has become permanently disabled and mentally incapable of working. All his bills are past due. What can he do and does he have any legal recourse options?
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Answers (1)
Your brother suffered a catastrophic injury and, assuming he was not at fault, is entitled to recover for his damages, including medical expenses, lost wages, and numerous other tort claims. Even if he is found to be at fault, he has recourse if there were other parties involved also deemed at fault or depending on the type of insurance policy he has. If, due to medical expenses, he is forced to file for bankruptcy any settlement he receives can be used to pay off his outstanding debts. Because of this, it is highly advisable that you hire an attorney to ensure that a) he recovers damages for his injuries and b) his economic damages are not part of the bankruptcy hearing. He will need to consult with a personal injury attorney who can best assess how to protect his interest. For more information on hiring a n attorney who specializes in auto accident, please see the link below.
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Posted by Joanna Theil on 22 Jan 2010
1 person found this useful
(3 Votes)