How to Protect a Personal Injury Claim During Divorce
If you’ve received, or are about to, a settlement from a personal injury claim and you and your spouse are divorcing, what happens to the funds? The settlement from a personal injury claim may make up a considerable amount of your total assets. Any assets will be divided up by the state of Florida during the divorce. But there are ways to protect a personal injury claim during a divorce, especially with the help of the Orlando personal injury attorneys at the Law Offices of Michael B. Brehne, P.A.
Personal Injury Claims & Settlements
Generally speaking, personal injury claim settlements aren’t considered marital property. Factors the court takes into account for the division include the accident date, date of the divorce, and if the settlement was itemized. But, there are exceptions to a personal injury claim settlement being divided.
- The settlement included compensation for lost wages or loss of consortium.
- The settlement was commingled with other marital assets, such as deposited into a joint bank account.
- Marital funds were used to pay medical bills.
Florida Is An Equitable Distribution State
Florida uses equitable distribution during asset division. This means any asset gained by either spouse during the marriage will be divided in a way the court decides is fair. What is fair is often based on individual contributions to the marital property total. A personal injury attorney Orlando with the Law Offices of Michael B. Brehne, P.A. can help determine if your personal injury claim will be impacted by a divorce.
Lost Wages/Loss of Consortium
If the settlement is itemized, the portions of the total may be recovered by the other spouse. Often this means amounts for future lost wages and/or loss of consortium.
If the settlement is received before filing for divorce, by either spouse, is commingled with marital funds, such as a joint bank account, and used to pay any marital debts, this usually creates a headache for the court. The settlement then has to be untangled to determine what is a martial fund and what is part of the settlement. This can be profoundly difficult and in some cases, impossible to determine.
Payment of Medical Bills
Part of the settlement may be recovered by the other spouse if martial funds were used to pay medical bills associated with the personal injury claim. This is done to compensate for the funds used.
Advice For Filing A Personal Injury Claim
Whether you’re filing a personal injury claim before or during a divorce, it’s important to file it correctly. The Law Offices of Michael B. Brehne, P.A. offers these three tips to help any claim.
Seek Medical Attention
Not only does visiting with a medical professional as soon as possible aid your recovery, it creates a medical record. This documentation is essential information personal injury lawyers in Orlando, FL use in filing and supporting personal injury claims.
Get Copies Of All Reports
The more reports you can share with the Law Offices of Michael B. Brehne, P.A., the more evidence will back your case. Reports to get copies of include those for any medical visits and accident reports, whether from an employer or law enforcement.
Speak With An Orlando Divorce Attorney
Determining what assets belong to each spouse and what is a marital asset can quickly become confusing and contentious. An experienced Orlando divorce attorney with the Law Offices of Michael B. Brehne, P.A. knows how to protect a personal injury claim during a divorce. We’ve handled many personal injury claims during a divorce and reached satisfactory outcomes for each spouse. For help protecting a personal injury claim during a divorce, contact our firm today!