Tampa, FL Divorce Lawyer
Going through a divorce is difficult enough as it is. If you’re filing for divorce and a personal injury lawsuit at the same, it can make your situation even more complicated. You want to make sure that you receive enough from the personal injury settlement to live comfortably after your divorce. Here are some of the different ways these cases can affect one another.
Negative Testimony from Your Ex-spouse
During a divorce, it’s very common for both spouses to be angry with one another. If your ex has feelings of anger toward you, he or she might provide negative testimony about you during divorce proceedings. This could cause problems with your personal injury case. For example, if your ex claims that you’re untrustworthy and often tell lies, it could damage your credibility in your personal injury case. The court may think that you’re not telling the truth about your symptoms and possibly deny your settlement. If you believe that your ex will provide negative testimony during your divorce, it’s important to let your personal injury know right away. He or she can try to gather additional evidence to prove your injuries, such as testimony from medical experts.
Split Personal Injury Settlement
Depending on the state you live in, you may have to give a portion of your personal injury settlement to your ex if you receive it after you file for divorce. Personal injury settlements may be considered community property, which includes the majority of assets acquired during marriage. Community property is typically divided so that each spouse gets an equal share.
Impact Spousal Support
Your personal injury settlement may also affect how much you receive for spousal support. When determining on whether to grant spousal support, the court will look at each person’s income and their ability to work. If you get awarded compensation for lost future earning capacity, the court may look at that as a replacement of your income.
Hiring Legal Representation
If you’re considering file for divorce and a personal injury lawsuit at the same time, you should hire both a Tampa, FL divorce lawyer and personal injury lawyer. These are two very different areas of law and you need an expert for each case.
A personal injury lawyer can help protect your legal right and improve your chance of getting a fair settlement. It’s important to be completely honest with your personal injury lawyer throughout the entire process and keep the lines of communication open. While you don’t need to tell your personal injury lawyer details about your marital issues, you do need to keep him or her informed about your divorce proceedings.
Contact The Mckinney Law Group for their insight into family law and personal injury lawsuits.