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The Intersection of Bankruptcy and Personal Injury Claims
As personal injury and bankruptcy law increasingly intersect, attorneys must navigate a complex legal landscape. Nowhere is this more apparent than in cases involving financially distressed individuals with pending personal injury claims, or tort plaintiffs pursuing recovery against bankrupt defendants. These intersections can significantly impact recoveries, case strategy and attorney compensation — often in ways that trial lawyers may not anticipate. This article highlights key questions and considerations attorneys should understand when navigating these types of cases.
What Happens When a Personal Injury Claimant Files for Bankruptcy and Has a Personal Injury Claim as an Asset?
Once an individual files for bankruptcy, any personal injury claim — whether already filed or merely potential — becomes property of the bankruptcy estate. In Chapter 7 cases, the trustee assumes control of the claim and may choose to pursue or settle it. In Chapter 13, the debtor retains control but must obtain court approval to proceed.
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