If I am awarded monies in a civil case as result of injuries from a cited automobile driver, can the driver simply claim bankruptcy to avoid paying?

If I am awarded monies in a civil case as result of injuries from a cited automobile driver, can the driver simply claim bankruptcy to avoid paying?

I was struck by SUV while cycling. Medical bills and lost wages are already exceeding 100K that cited driver’s insurance company wants to pay out. Of course, I loose right for further litigation by accepting payout. I am being told if I win in a court case against the driver, the driver will probably just file bankruptcy. As a result, I will receive no money at all. Is this factual? Does this happen frequently with PI cases?

Asked on February 28, 2012 under Accident Law, Florida

Answers:

---

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 AttorneyPages.com 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.