Divorce and Personal Injury Damages
At the Law Office of David P Schwarz we are very familiar with Personal Injury cases and the breakdown of who recovers damages as a result during an Orange County Divorce Case. Please contact our office at 949 735 9266 or via the web for a consultation. We can also be reached by email at firstname.lastname@example.org.
A well rounded Divorce attorney will be able to explain to you what occurs when a personal injury award is given to you or your spouse. They will be able to explain to you that the injured spouse will received all the damages that come out of the personal injury judgement.
The Divorce lawyer will also explain to you there must not be any commingling of the award money. If there is a commingling of the personal injury judgement money with that of other community money the injured spouse will be at a disadvantage. However, they still will received no less that 50% of the personal injury proceeds.
The Law Office of David Schwarz will argue to the court for the exception under family law code that would not allow the injured spouse to collect all the personal injury award. A skilled Orange County lawyer will present their case to the family law court. They will assert that the Divorce Court should look at the economic condition and needs of each party. The Divorce court can then assess the exception to granting the whole award to the injured spouse. If the other spouse is in a financially difficult position the Court can step in and alter how the personal injury judgment is awarded. In addition the Lawyer will argue that in addition to financial difficulties there has been a lot of time that has elapsed since the recovery of the damages and the time of the divorce. Furthermore, if the Judge looks at all other facts of the case and the Court determines that in the interests of justice the personal injury award should be disposed of in a different manner.
A Divorce attorney will argue for an apportionment of the personal injury judgment in such a way that it would be just and equitable to all the spouses. However, the injured spouse can receive no less that 50% of the personal injury judgment. That means the noninjured spouse has the potential to get 50% of the personal injury judgment but ultimately that is up to the Court.
A situation where the Court will award most of the personal injury judgment to the injured spouse occurs when the injured spouse suffers life altering injuries and the wife is able to care for herself financially. In those situations the Court will award the majority of the money to the injured spouse.
In addition, the Court can determine how the personal injury award will be disbursed even though the case is still pending in Persona injury Court.
At the Law office of David P Schwarz we will assure our clients that they get the most money out of a Orange County personal injury judgement they have been awarded. Please contact our office at 949 735 9266 for a consultation or via the web. We can also be reached by email at email@example.com.