Is the treatment of personal injury damages on divorce?

Categorisation of personal injury damages as non-matrimonial? The issue of whether personal injury damages are non-matrimonial has yet to be determined by the courts, but logically, in the view of the author, most personal injury damages should be categorised as non-matrimonial.

Why is my personal injury case taking so long?

Your settlement could be delayed because your case involves large damages, or put simply, a lot of money. In this case, insurance companies will delay paying money out on a settlement until they are confident about it. They will investigate every aspect of the case and every detail of the liability and damages.

Can a personal injury claim be considered matrimonial?

Similarly, damages for reimbursement of past losses such as aids and equipment, if paid initially from matrimonial funds as opposed to an interim payment, may well be matrimonial in nature.

Can a serious injury lead to a divorce?

Serious injury brings with it financial worries, uncertainties about the future and shattered dreams. It is not surprising serious personal injuries can often lead to family breakdown and divorce. There is a dearth of recent authorities on the way that personal injury damages are treated in financial remedy proceedings on divorce.

Can a spouse claim a portion of a spouse’s personal injury?

This is the same rule that applies to gifts and inheritance – it’s the spouse’s “personal property” and not divisible. However, damages designated for lost wages or medical expenses may be divisible, as both spouses were affected by that loss of income or expenses.

Who are the actors in Personal Injury Court?

Introducing Judge Gino of Personal Injury Court; he’ll be presiding over some of the largest claims in TV history. Stars: Gino Brogdon , Samantha Brown-Parks , Gary Martin Hays | See full cast & crew »

What happens to your personal injury settlement after divorce?

However, each spouse keeps their separate property at divorce. This means that it is very important to define whether a personal injury award or settlement is community or separate property. If your personal injury settlement is labeled as community property your spouse will be entitled to part of the settlement or award upon divorce.

Can a personal injury settlement be treated as separate property?

When the spouse that received a personal injury settlement or award wants the award to be treated as separate property that spouse has the burden of proof to show that the funds are in fact separate property. Note that it does not matter if the spouses are separated prior to the personal injury settlement.