Articles Posted in Personal Injury

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When you are injured in a car accident that was caused by another person, you should definitely seek medical attention as soon as possible in order to ensure that your personal injury claim is as strong as it can be.

Making a personal injury claim in Georgia

To make a claim for injuries that you suffered from a car wreck, you must generally show the following:

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If you have been injured in a car accident or any other accident and have a personal injury case in Atlanta, Georgia, it may impact your Georgia bankruptcy filing. A personal injury case is considered an asset that is required to be disclosed in a Chapter 7 or Chapter 13 case in Georgia. Depending on when the accident happened, a personal injury case could be considered a bankruptcy asset in a Chapter 7 case that is subject to taking by the bankruptcy trustee. If the accident happened before you filed Chapter 7 bankruptcy, then the personal injury claim belongs to the trustee. A personal injury claim must always be disclosed if you are in an active Chapter 13 case.

If you have a personal injury claim in Georgia that must be disclosed as an asset in bankruptcy, you must:

1. Inform you Georgia personal injury attorney that you may file bankruptcy or that you have already filed bankruptcy;

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When you are involved in a car accident and a need to make a personal injury claim in Atlanta, Georgia, you have to consider how your bankruptcy case can impact the personal injury case.

The first thing you need to do is inform your Georgia personal injury lawyer that you are either a debtor in a pending bankruptcy case or you are considering filing bankruptcy in Georgia. Obtaining a personal injury settlement in Georgia is complex when you also have a pending bankruptcy matter.

If you are already in an active bankruptcy case, your Atlanta personal injury attorney and your Atlanta bankruptcy attorney need to collaborate to make sure your claim is preserved. If you are in a Chapter 7 case, any money that you may obtain from a personal injury lawsuit may be an asset that is subject to liquidation by the bankruptcy trustee. Thus, you must be very careful about settling the claim and disbursing the funds, and your personal injury attorney must seek court permission to represent you in the claim for your injuries. If you are in a Chapter 13 case, the money you obtain from a personal injury settlement in Georgia could be considered disposable income and also may be required to be paid to the creditors in your case. Similarly, your personal injury attorney must obtain court permission to represent you.