Can a person being sued file bankruptcy as to not pay for loss of limb and has no insurance or comp.

UPDATED: Oct 1, 2022

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Can a person being sued file bankruptcy as to not pay for loss of limb and has no insurance or comp.

My son lost whole left arm at work at a tree service. They have no workmans
comp nor any insurance. Owner wants to settle out of court for 20,000 but
with 4,000 to Lawyer and 1/2 of remaining to Medicare bill. Which will
leave him 8,000. Can he fire his attorney? Will he end up with 0 if they
file bankruptcy?

Asked on May 22, 2019 under Personal Injury, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) Your son can fire his attorney but still has to pay him for the work he's done so far. Depending on how much work was done, what your son ultimately settles for, and the terms of the agreement with the lawyer, that may be less than the $4,000 you indicate the lawyer will get, but it will certainly be something; having done work, he is entitled to compensation.
2) Bankruptcy (assuming the defendant is eligible for it; there are rules or requirements for filing bankruptcy, and you have to fall into the parameters) does work against a debt owed from a court case or due to personal injury. Usually bankruptcy does not 100% wipe out a debt but does reduce, possibly very drastically, what must be paid, and it is possible that if the owner's total debts (since he'd file as to all his debts) greatly exceed his assets that you son might get little or nothing.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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