in the process of filing bankruptcy (not 7 or 13, with ligitation in process from car accident pending, can I lose the $$

Maybe, but not certainly. You don't mention a dollar amount. Some of the money coming from your settlement might be available to your creditors, but at least some of it will most likely be exempt. Assuming that you have lived in California for at least the last 3 years, you will qualify for a $21,825 "wildcard" exemption, to protect property such as bank accounts and this settlement (there are other exemptions for other types pf property, also, such as your furniture, a car, and jewelry). There are other exemptions available that may apply to this settlement also.