PERSONAL INJURY RECOVERY

Question 1

Personal Injury Checklist

Answer 1

• Cause of Action Against Third Party
• Cause of Action Against Spouse

Question 2

Cause of Action Against Third Party

Answer 2

If the cause of action arose during marriage, the recovery is CP. Upon divorce, courts will award the recovery entirely to the injured spouse unless the funds were (i) commingled or (ii) the court awards a share to the non-injured spouse in the interest of equity. If the cause of action arose before or after marriage, the recovery is SP, even if paid during marriage.

Question 3

Cause of Action Against Spouse

Answer 3

Personal injury recovery from one’s spouse is the injured spouse’s SP.