Divorce Attorneys, Collection of Accident Claims

Liability for accident claims arises from many sources. Claims may be based on ordinary negligence, workers compensation statutes, gross recklessness, violation of the higher standards owed by providers of public transportation, and products liability of designers, manufactures, suppliers and maintenance companies. Claims may also arise from professional misconduct, medical malpractice, legal malpractice, deceptive trade practices, and many more. All of the accident claims however share a common trait. Divorce attorneys must resolve potential conflicts of interest between spouses in the resolution of claims, because both may be entitled to a portion of a potential recovery from an accident claim.

How divorce attorneys resolve accident claims

Generally, the damages recovered in an accident claim may include past lost earnings (a jointly owned  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 include claims for loss of consortium, companionship and service of a spouse (a separate asset of the other spouse).

Divorce attorneys routinely negotiate settlements, between spouses, pertaining to sums that may be collected in the future. A recovery which is dependent upon a  third parties must be addressed in the final decree as to the relationship, rights, titles and duties that exist between spouses after the marriage is resolved. The terminology chosen when drafting damage agreements also influences the classification of damages, and in turn, determines legal rights under property division statutes. The attorney responsible for accident claims must be consulted to include proper terminology in the final decree issued by the family law court to eliminate future disputes.