If you’re going through a divorce and have previously received a personal injury settlement, you’re probably wondering if you’ll lose some of it to your spouse. It’s a natural thing to be nervous about. Since you were injured, you may still be juggling doctor’s visits or physical therapy and needs those funds to pay for it. In this article, we’ll lay out the facts about personal injury settlements and divorce; when settlements are considered separate property or marital property, equitable distribution, and how the state of Georgia handles it. Can My Spouse Get My Personal Injury Settlement? Let’s begin with marital property vs. separate property: Marital vs. Separate Property – marital property is any assets acquired during the marriage by you or your spouse. Separate property is any asset owned by either of you before the marriage or inherited during the marriage. Personal injury settlements are typically considered separate property…

Being injured by someone else’s negligence can not only be physically devastating, but it can also result in endless medical bills, countless doctor’s visits, physical therapy, lost income, and a great deal of suffering. Filing a lawsuit against the responsible party is a natural reaction. The challenge comes from our complex laws regarding personal injury and how to navigate them to a win. And that’s not all. Insurance companies are notoriously quick to fight back to avoid a payout. The solution is a seasoned personal injury attorney who knows what to expect and how to counter. An adept attorney with experience sitting face-to-face with insurance company lawyers is your key to success. Without their skill and knowledge, you might not get a fair amount in settlement, and you only get one shot at it. Your attorney plays a crucial role in gathering the right evidence, preparing the case, and convincing…

After an injury claim, you might be anxious about when a settlement can be reached and, more importantly, when it will be paid. That’s understandable. People who file a claim do so for good reasons, like medical bills and a lost job. But the compensation will arrive one day. Before that day comes, it’s best to know how the process works. While you wait, here is a Q&A with the basic information you'll need to know about personal injury settlements:       Q: How much money will I get? A: The amount depends on how badly you were injured, your current circumstances with hospital and doctor bills, and if you can’t go back to work.       Q: What will I be reimbursed for? A: Lost wages, medical costs, and possibly an amount for pain and suffering. If you have been permanently disabled or disfigured, that amount can…

A question we get every day from victims of personal injuries is how fast they will get compensation if they file a claim. Well, that depends. The timeline for a personal injury settlement is affected by many things. The severity of your injuries, ranging from mild sprains or cuts to catastrophic spinal cord damage or brain trauma, all impact how long you may need medical treatment, which in turn influences court proceedings. Complicated matters involving multiple parties or insurance company disputes could also drag litigation out for years instead of months. Under normal circumstances, though, people suffering from accidents should expect settlements in the average time of about six to twenty-four months. The Time It Takes to Settle Cases The duration of settling a personal injury case depends on different things:       Medical Treatment- One significant factor is the extent of medical treatment needed. It’s essential to note…

When you’re injured in an accident, it wreaks havoc on your life. You suffer physically, of course, but there are also other detriments to your life, like emotional trauma and destruction of property. It can be an incredibly overwhelming experience. Once you assess the damage, you may wonder if there is a way to get financial restitution. You can, of course, file a personal injury claim to seek compensation. But if you do, you will need to have solid proof that your injuries were caused directly by the incident. This is known as the burden of proof, and it’s on you. In a Court Case, Here is Your Burden of Proof The following four criteria must be met to meet the legal burden of proof: 1.   Duty of care: This means that the involved party was responsible for remaining harmless in their actions. 2.   Breach of duty: This…

Accidents happen every day, and you may be left wondering what to do next. You could be entitled to compensation for medical costs, lost wages, and pain and suffering if you've been injured. How much could you claim? This article discusses how personal injury claims are calculated, what type of compensation you might expect, and how to get the most out of your claim. How to Calculate Your Personal Injury Settlement Amount There are a few different ways to calculate the value of your personal injury. One way is to use the multiplier method. This method multiplies your medical expenses by a number between 1 and 5, considering the severity of your injuries. For example, if your medical expenses are $10,000 and you use a multiplier of 4, your settlement would be $40,000. A second way to calculate the value of a personal injury settlement is to use the per…

We all have that image in our heads from movie scenes. Someone causes another serious bodily harm, and they wind up in court. It usually becomes overly dramatic with lousy acting from that point on. But in real life, things don’t happen quite like they do on the big screen. Personal injuries are often devastating and wreak havoc on the victim’s life. The Definition A personal injury lawsuit is a legal dispute arising from an incident where someone has been hurt, sometimes seriously. It may involve negotiations between the parties or their insurers or a formal trial. Experienced attorneys specializing in this area of law handle injury cases, most involving one or more insurers with their own legal team. Why File? Personal injury cases result from a wide range of injuries, including negligence, product defects, intentional acts, or medical malpractice. To prove the other party’s liability and to get compensation,…