Kaufman & Stigger, PLLC helps people when they’re hurt in a car accident in Louisville. One question that comes up is how a settlement might affect things like child support or other obligations. The answer can vary depending on your personal circumstances, but you don’t have to figure it out alone. We’re here to help you understand your rights and make sure your injury claim stays on track. Contact us today for a free consultation.
Can My Car Accident Settlement Be Garnished?
Getting into a car accident can turn your life upside down–between medical expenses, time away from work, and everyday bills, it’s a lot to handle. If you also have financial responsibilities like child support or unresolved debts, it’s natural to wonder whether your settlement could be taken to cover those obligations.
Most of the time, “garnishment” applies only to your wages. But a personal injury settlement is treated differently in many cases. In general, your settlement funds are not automatically subject to garnishment. However, there are a few situations where part of that money could be withheld:
- A judge has ordered some of it to go toward a debt
- You owe back taxes, child support or spousal support
- You’ve already agreed to use future money to pay off something you owe
If none of these apply, your settlement is probably safe. Still, the real concern is often how much you’re able to recover–and making sure you’re not leaving any money behind that you could use to move forward.
What Makes Up Your Car Accident Settlement?
A car accident is never ideal, and often comes when you can least afford it. It makes everything harder, including other responsibilities you have. That’s why there’s a legal process in place, but in order to get a settlement, you have to first file a claim. Typically, you do that by filing an insurance claim out of court or by filing a lawsuit–with the overall goal being reaching a settlement. Here’s what makes up your car accident settlement:
- Current and future medical expenses – This includes all your hospital visits, surgeries, therapy, and any ongoing medical treatments needed to recover.
- Lost income – If you can’t work because of your injuries, it’s going to cause you to miss out on paychecks and earnings. Part of your settlement can include this lost income.
- Car repairs or replacement costs – Another part of your settlement is going to include costs to repair or replace your vehicle, along with coverage for any other damaged personal property.
- Pain and suffering – Another huge part of your settlement relates to your physical pain and emotional distress caused by the accident, so this is going to be heavily dependent on your injuries and what else happened.
- Reduced quality of life – If your injuries stop you from doing things you love or living life the way you did before the accident, this part of the settlement helps cover those losses.
While your settlement is usually safe from garnishment, a car accident can still bring serious financial and personal challenges. This makes the entire process very important, and that includes the steps you need to take to protect your claim.
What Steps Do You Need to Take to Protect Your Claim?
Even though your car accident settlement is typically safe from garnishment, it’s still important to handle the claims process carefully to protect your rights. By following these steps, you can make sure your claim remains strong and you get the best settlement possible:
- Keep solid records – By tracking all your medical visits, expenses, and accident-related losses, you build a solid foundation for your case. The more documentation and records you have, the harder it is for the insurance company to dispute things.
- Don’t rush to settle – Accepting the first offer might seem tempting, but it’s often too low. If you accept it, your claim is over and you might not get everything you need.
- Don’t post on social media – Insurance companies will look for ways to reduce your payout, and anything you post online could be used to weaken your claim. Staying off social media helps keep your case protected.
- Follow your treatment plan – Sticking to your treatment plan not only shows the seriousness of your injuries but also prevents the insurance company from arguing that you’re not truly injured.
- Keep all receipts – Keeping receipts for medical bills, lost wages, and other accident-related expenses helps prove your financial losses and strengthens your claim.
Obviously, these steps are going to be important–but when you’re dealing with injuries and other responsibilities, it can be tough. That’s why it’s so vital to have the right support and guidance, which our team can give you.
How Kaufman & Stigger Can Help After a Car Accident in Louisville
After a car accident in Louisville, you might be facing serious injuries, high medical bills, and time off work. If you also have financial obligations like child support, legal help can be crucial in making sure you get the settlement you need. Our team at Kaufman & Stigger, PLLC is here to support you. We can help by:
- Explaining your rights and showing you the best path forward for your claim.
- Investigating the accident to figure out who’s at-fault.
- Gathering strong evidence to strengthen your claim.
- Negotiating with insurance companies so you don’t feel pressured into accepting a lowball offer.
- Taking legal action if necessary to fight for the full amount of damages you’re owed.
If you’re worried that part of your settlement could be taken for child support or other obligations, we can help you understand how to protect your financial future. If you’ve been hurt in a car accident and want to know more about your options, contact us for a free consultation today.
