Each State has different laws and agreements when it comes to divorce proceedings, especially when dealing with personal injury lawsuits. One thing that is the same with each state is that there is always an evaluation of the situation and who should be awarded what. The law usually limits the damages you can receive regarding your actual losses. In the end, a portion of the reward will be put into the couple’s joint possessions. The law has several different limits that can be placed on a personal injury award lawsuit and will be put toward settlements or jury decisions.
There can be a lot of misunderstanding and miscommunications when dealing with any type of divorce. When a personal injury lawsuits are involved, you will want to make sure you hire an experienced attorney who has several years of experience dealing with divorce proceedings of this nature and will be able to clarify anything and everything.
Community Property
As it was listed above, each state is different when dealing with divorce cases. When community property is involved, certain states such as California, state that all income earned during the marriage is considered community property and must be split accordingly. This can get complicated and messy, which is when you will want an experienced attorney to step in. Most states though only include funds received during a marriage when dealing with personal injury settlements.
How to Calculate Pain and Suffering
Most divorce attorneys will use a few different methods to determine this. One method is to multiply the plaintiff’s damages by a number in between 1 and 5, depending on how severe the injuries are. The other method is to use a per day approach. A certain amount of money is allocated each day since the accident happened until the plaintiff reaches full recovery. Most insurance companies use these methods, along with computer programs to determine an amount. They will take into account the injury, type of medical treatment, how long of treatment, and other variables.
Results of Personal Injury
Any loss of income during the accident, and property damage that may have occurred during the accident are taken into account during the divorce proceedings. If the victim has to receive short or long term medical care, this will be included as loss of income as well. Property damage is also assessed based on who owned the damaged property, which usually occurs during a car accident. Clear ownership is established if the vehicle was purchased prior to marriage.
Divorce cases are stressful and burdensome before a personal injury is involved. It can be complex and hard to navigate on your own, especially if you are still reeling from any injuries you may have been the victim of. When this is thrown in, you will want an attorney, like a personal injury lawyer Harrisonburg VA trusts, to be on your side and someone who has several years of experience in this field. Don’t fight this battle alone.
Thanks to our friends MartinWren, P.C. for their insight into personal injury awards in a divorce.