Personal Injury Compensation and Divorce
Being injured in a personal injury accident and going through a divorce are two things no one ever wants to go through. But many people have the burden of dealing with these two very difficult events, and sometimes at the same time.
Frequently the injured spouse wants to know if they must share part of their personal injury settlement, and the other spouse wants to know if they will receive part of the settlement. For example, if the claim arose from a car accident and the claim is close to settling, that money may become part of a divorce settlement.
Generally, personal injury claim settlements usually encompass payment for various types of damages the injured party suffered. Payments for medical bills, lost wages, and pain and suffering, are some of the damages that are compensable to the injured victim. Oftentimes, during a divorce, the issue comes up as to whether a spouse has the right to some or all of the money collected for a personal injury case by their spouse.
Generally, damages allocable to pain and suffering are not divisible during a divorce. That is because those damages are personal to the victim and are not a marital asset. However, other damages recovered by the injured spouse as part of a settlement or verdict may be divisible. Some of these may include payment for lost wages and medical bills. The reason these are treated differently is because they are not solely losses personal to the injured party, but rather are losses suffered by both spouses.
Questions related to your specific divorce-related issues should be directed to a competent Massachusetts divorce attorney.
Being involved in a personal injury case is hard enough, and when divorce is involved, it becomes even harder. Getting proper representation for both of these legal matters is crucial for the best possible outcomes. Contact the Law Office of Christopher Earley today with your personal injury legal questions.