Personal injury and divorce are two traumatic life situations that can affect everyone. It can be difficult to manage both circumstances when they occur at the same time.
In a personal injury settlement, the defendant or their insurance provider and the victim agree to pay the victim’s damages following an accident or injury. These losses could be in the form of pain and suffering, lost pay, and medical expenses. The severity of the injury, the level of fault, and the expense of medical care are often taken into account when determining the settlement sum. But an injury settlement can be significantly impacted by a divorce. Learn more below.
How a Divorce Can Affect a Personal Injury Settlement
Personal injury compensation is normally regarded as marital property and is susceptible to distribution if it was received before the divorce. The settlement, however, is typically regarded as separate property and not subject to split if it was received after the divorce. While distributing the marital estate, the court will take into account a number of things, including the length of the marriage, the earnings and future earning potential of each spouse, and the contributions made by each spouse to the marriage.
How Is the Settlement for a Personal Injury Calculated?
The severity of the damage, how it affects the injured person’s quality of life, and the insurance policy limits of the at-fault party are some of the variables that determine the size of a personal injury settlement. In some situations, the settlement could also include money to cover future medical costs, lost earnings, and pain and suffering.
The injured person’s attorney will often consult with medical experts to assess the severity of the injuries and the long-term impact on the injured person’s quality of life in order to determine the settlement amount. To evaluate the costs of continuous medical care and the potential effects of the damage on the wounded person’s future earning potential, they may also consult with financial experts.
What Happens to the Personal Injury Settlement in a Divorce?
Prior to the divorce, a personal injury settlement is normally regarded as marital property and is susceptible to split. The settlement may be split equally or in a way that the court deems just, taking into account a number of things such as the length of the marriage, each spouse’s income and future earning capacity, and the contributions they each made to the marriage.
The settlement is typically regarded as separate property. The compensation, however, can be regarded as marital property and be divided if it is used to cover joint expenses like medical bills or other costs associated with the damage.
To make sure that the compensation is shared fairly and in compliance with state law, it is essential to engage with an experienced divorce attorney and personal injury attorney.
An injury settlement can be significantly impacted by divorce. The spouse of the injured party may be eligible for a share of the settlement if they are married. The amount the wounded individual receives may be affected by this. While deciding the settlement amount, the court may also take the divorce’s effect on the aggrieved party’s future earnings into account.
In addition, if the victim of the injury is already receiving spousal or child support, the court may count the settlement as income and change the amount of support due. The settlement could be taken into account by the court when deciding how much child support should be paid.
Divorce may affect who is responsible for paying future medical costs. If the settlement agreement is silent on this issue, the court may have to make this determination. When rendering a decision, the court may take into account elements like the seriousness of the injury, each spouse’s financial capacity, and the effect on the injured party’s quality of life.
How Can a Personal Injury Attorney Help?
Throughout the personal injury settlement process, a personal injury attorney can assist an injured individual in a variety of ways. They possess the legal know-how and understanding of personal injury legislation required to navigate the difficult legal procedure and bargain with insurance providers and accountable parties to obtain a reasonable settlement. A personal injury attorney can determine the full scope of a client’s damages, bargain for a higher settlement sum, represent the client in court if necessary, and defend the client’s legal rights all along the procedure.
Remember: an injury settlement can be significantly impacted by a divorce. The divorce may have an effect on the settlement negotiations because it may be regarded as marital property and divided between the spouses. Working with an experienced personal injury attorney and family law attorney is crucial to ensure that your rights are upheld and that, in the event of a divorce, your settlement is distributed fairly.