Depending on your individual situation, Chapter7 or Chapter 13 bankruptcy may be the better choice. Following are descriptions of both.
Many claimants can have the right to file personal injury claims against other drivers who recklessly caused their auto accident injuries. States have different ways of determining the damages. Some of these methods are:
Contributory negligence has been used for many years as a common law defense against a tort action. Under contributory negligence, the defendant must prove that the injured party was at least partially responsible for the accident and therefore is not allowed to recover damages for their injuries. Currently only five states have a pure contributory negligence system and do not allow the personal injury plaintiff in a car accident claim to recover damages if they are partially at fault for their own injuries. These states include: Alabama, District of Columbia, Maryland, North Carolina, and Virginia. All of the other states have moved away from this method of determining compensation.
Under the pure comparative negligence system, the judge or the jury will review the evidence of the case and determine the amount of fault which should be assigned to all of the parties involved in the accident. After fault is assigned, the damages are awarded accordingly. Under this system, an injured party may recover some compensation even if the court determines they are up to 99% responsible for the accident. Check with an attorney in your state so learn your states rules.
Under the modified comparative negligent system the judge and jury will assess the percentage of fault for each party in the accident and the damages will be awarded according to this assignment, but under the 50% rule, any injured party who is 50% or more responsible for the accident will be barred from receiving damages. Check with an attorney in your state so learn your states rules.
Under the modified comparative negligence – 51% rule the judge and jury will determine the percentage of fault for each party and assign damages, but if any party is found to be more than 51% at-fault for the accident, they are barred from recovering damages. Check with an attorney in your state so learn your states rules.