Can a person being sued file bankruptcy?
Question Details: My son lost whole left arm at work at a tree service. They have no workers' comp nor any insurance. The owner wants to settle out of court for $20,000 but with $4,000 to the lawyer and 1/2 of remaining to the Medicare bill this will only leave him $8,000. Can he fire his attorney? Will he end up with 0 if they file bankruptcy?
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.