Divorce Attorneys - Brain Injury Claims Issues

Pending brain injury claims create unique and difficult legal issues for divorce attorneys. Diagnosis of brain injuries and the extent of damages is elusive, and most often, highly disputed by defendants. To compound the problem, most defendants contest damages and litigation may require years to resolve. Meanwhile, termination of marriage and property divisions move quickly through the family law court system. Brain injury claims are considered property acquired during marriage, and even though both spouses may have an interest in specific items of damage, the dissolution of marriage must divide these interests.

How divorce attorneys resolve pending asbestos claims

Disputed liability in injury cases between multiple defendants does not prevent a family law court from dissolving marriage between plaintiffs. Generally, the damages recovered in brain injury claims include lost earnings from the past (a joint asset of husband and wife), future lost earnings (a separate asset of one spouse after termination of a marriage) and personal injuries, pain, suffering, and mental anguish (a separate asset unique to one spouse). Damages recovered may also include claims for loss of consortium, companionship and service of a spouse (a separate asset of the other spouse). See the problem? How can settlement proceeds and/or judgments be divided by spouses when terminating marriage? Is cooperation likely, or even possible?

Divorce attorneys routinely negotiate settlements and division of claims between spouses, pertaining to funds that may potentially be collected in the future. Claims which depend on third party defendants should always be resolved between spouses in the final decree, and set forth all rights, titles and duties between spouses after the termination of marriage. Terms used in settlement agreements also greatly influence the classification of damages, and ultimately, property issues between spouses. The attorney handling the brain injury case must be consulted to properly include these terms in the final decree issued by the family law court.