I was awarded $200,000 in an accident settlement from an accident that happened while I was still married. My ex-spouse and I were both injured, but my injuries were more severe. I lost my job due to my injuries and need future surgery, while her injuries were minor in comparison. We didn’t decide how to split the settlement before the divorce. Does anyone know if there’s a way to adjust the split based on injury severity?
If you both filed the claim together while married, it’s usually seen as joint property. You might need a mediator or judge to help decide the split if you can’t agree.
Grayson said:
If you both filed the claim together while married, it’s usually seen as joint property. You might need a mediator or judge to help decide the split if you can’t agree.
That makes sense. I’ll ask my attorney if mediation is an option.
@Tatum
Good plan. Mediation can help keep it civil and consider both injuries.
If you need future medical treatment, definitely bring that up in mediation or court. It can be factored in to give you a larger share.
Ray said:
If you need future medical treatment, definitely bring that up in mediation or court. It can be factored in to give you a larger share.
I’ll make sure to have all my medical records ready. Thanks for the tip!
@Tatum
Smart move! Show the financial impact of your injury to make a strong case.
If your ex disagrees with your proposed split, you can request a judge to review your injuries, lost wages, and need for future surgery to adjust the settlement.
Keegan said:
If your ex disagrees with your proposed split, you can request a judge to review your injuries, lost wages, and need for future surgery to adjust the settlement.
I’m hoping it doesn’t come to that, but it’s good to know I have options.
@Tatum
Judges usually try to be fair based on injury impact, so you’d have a case.
Since your attorney represents both of you, they may not push for one side to get more. Bringing in a separate mediator could help keep it neutral.
Lyle said:
Since your attorney represents both of you, they may not push for one side to get more. Bringing in a separate mediator could help keep it neutral.
Exactly. Neutral mediators make sure both parties feel heard.
You can also ask the attorney to see if they’d be willing to treat you as separate clients at this stage. Might make things clearer.
Rowan said:
You can also ask the attorney to see if they’d be willing to treat you as separate clients at this stage. Might make things clearer.
That’s a good idea. I’ll talk to them about treating us as separate cases.
@Tatum
Best of luck! Hopefully, you’ll get a fair resolution.