Should You Divorce Or Make A Personal Injury Claim First?
Life is a very complicated thing. Sometimes it seems that you are the happiest person in the world and then of all sudden life hits a rough patch. The most important thing you have to remember is that you are not alone and Clagett & Barnett are always ready to give you some legal assistance. If you’re facing several difficulties at the same time like a personal injury claim and divorce, you have to decide what to do first. Of course, there’s a possibility to handle both processes simultaneously, but this can make everything more complicated. So, should you divorce or make a personal injury claim first?
Whether you are in the middle of a divorce or just have some intentions about it, it’s better to finish what you’ve started, especially sins time limits allow to do that. According to law, you have three years from the day of the accident or event to find an injury attorney and begin your case. If your personal injury claim is connected to a health problem, the 3 year period does not begin until the plaintiff initially had ‘knowledge’ of the clinical condition which is generally identified as the day when a positive diagnosis was confirmed by a qualified doctor. If the injury doesn’t threaten your health, you may complete your divorce process and then find a personal injury attorney.
Asset division in Kentucky implies fair and equitable splitting of all marital property according to the court. Spouses will get assets of approximately equal value. For that reason, if you win the case and get an injury settlement before divorcing it may be considered your common property with a spouse. If the payment replaces something that both of the spouses lost, the settlement can be divided during the divorce. This can include income. However, if the personal injury award replaces something that just one partner lost, for example a part of the body, this is a separate property. If the settlement was meant as compensation for the injured spouse’s well-being, it will also be separate.
Evidence To Collect
While you’re waiting to begin your personal injury claim or looking for a right personal injury attorney, collect as many evidence as you can to prove the other party’s responsibility. Evidence may contain:
Police Reports – try to call the police (especially, if it’s a car accident) as soon as possible. They will make a report which you can later request to prove that someone did something to cause your injury.
Physical Evidence – this can be anything you can see or touch as a proof of your injury. For example, your damaged car or bike, your damaged clothing, a worn stair that causes the fall or defective product.
Photographs – if you do not have a piece of physical evidence, the next best alternative is to photograph it. This way you will certainly have the ability to provide an insurance provider copies while keeping the original digital pictures. Photos of your injuries like significant bruising, burns, lacerations additionally aid in establishing the degree of your issues. Comprehensive pictures of considerable bruising, burns, lacerations aid to tell the story of your pain. Take a variety of pictures from different angles so that you could later choose the ones that most clearly reveal your injury. A video is also a good idea.
Medical records – without a doubt are vital to developing the degree of your injuries – as well as consequently, the amount of settlement you ought to demand.
Anyway, when dealing with two different legal processes it is necessary to contact an experienced attorney who can give recommendations regarding your specific situation and guide you through them. Call legal specialists at Clagett & Barnett to find out which solution is the best for you.