Skip to content
Personal injury claims can place a surprising strain on the “in sickness or in health” part of marriage vows. It’s not uncommon for plaintiffs in personal injury cases to experience marital difficulties, and in some cases, the stress of the personal injury lawsuit or the severity of their spouse’s injuries may prove to be too much of a strain on the marital relationship, and one spouse files for divorce.
The strain of a serious injury affects the victim and their family members, not only physically but also financially and emotionally. Speaking with a trusted Fort Myers personal injury lawyer can help protect your rights and your family during the claims process.
Impacts of a personal injury on your marriage
The physical and financial stress in the immediate weeks after the injurious accident can stress even the happiest marriage. The injured spouse may be out of work for weeks, and while their economic damages may include compensation to replenish the injured person’s lost wages, that money is a long way off. Any travel plans, buying a house, or other financial goals may have to take a backseat until the case is resolved. This can lead to resentment on the part of the uninjured spouse, even when they know that their loved one’s accident wasn’t their fault.
A shift in roles and responsibilities, especially if the spouse is forced into a caretaker role, can also damage the relationship. The injured person may be unable to perform household chores or childcare, forcing the other spouse to take on these duties. The sudden change can interfere with companionship, affection, and mutual support within the marriage. This, in turn, alters the dynamic of the relationship and can foster an environment of resentment.
Both spouses are under tremendous emotional stress. Worry about recovery, the medical treatments required for recovery, and the uncertainty of the legal process all take a tremendous emotional toll on everyone. Burnout on the uninjured spouse’s part, anxiety and PTSD that the injured spouse suffers, and general unease can lead to one or both developing a debilitating mental health condition.
Personal injury lawsuits take a toll on marital finances
Florida law permits the uninjured spouse to file a loss of consortium claim, seeking compensation for the loss of marital benefits, such as companionship, emotional support, and physical intimacy. This may require expert testimony to substantiate and the advice of a skilled personal injury attorney.
Some personal injury cases may not settle for as much as the victim would like. If their actions contributed to the accident, then their total settlement can be reduced.
Florida follows a modified comparative negligence rule for personal injury claims. If the injured person is 50% or less at fault, their compensation is reduced by their percentage of responsibility. If they are more than 50% at fault, they are barred from recovering damages
Can my spouse take my personal injury settlement in a divorce?
In Florida, some portions of a personal injury settlement are considered marital property and, therefore, subject to division in divorce. How much of your settlement can be divided with your spouse depends on what damages you collected.
For example, damages awarded for medical treatment are not divisible, as they are intended to pay your doctor. Other portions of personal injury settlements may be treated differently depending on how the compensation is categorized. Damages for lost wages and loss of earning potential, however, can be divided in a divorce, as one spouse’s wages can be considered to be community property.
Whether you and your spouse keep separate finances may not change this, so it’s important to talk to your personal injury lawyer about potential marital problems. They can ensure your settlement is structured so that you can keep as much as possible, and collaborate with your divorce lawyer to protect you. Punitive damages are usually considered non-marital property unless they are mixed with shared assets.
Legal support and advice for your personal injury claim
If you’ve been hurt in an accident you didn’t cause, and want to know your legal options, call Lytal, Reiter, Smith, Ivey & Fronrath. Our personal injury attorneys provide comprehensive advice and representation to help you seek the compensation you need to move forward for all your losses, including intangible ones like loss of companionship, affection, and intimacy.
We know that spouses suffer, too, so we provide emotional support and advice to help your whole family navigate the process. Contact us online today for a free consultation, or call us at (561) 655-1990.