CALIFORNIA FAMILY LAW
...Community Property Issues
......Specific Assets
.........Personal Injury Awards
13 Cards On This Topic:

PI award for injury sustained during marriage is c/p which may be equitably divided.

Personal injury award presumptively c/p if received for injury incurred during marriage.

Damages for personal injuries arising after separation s/p; reimbursement for expenses paid by other spouse.

Unlike other coplaintiffs, a CCP 998 settlement offer may be made jointly to H & W; either spouse may accept or reject on behalf of community.

Structured P.I. settlement payments assigned to H in disso cannot be claimed as omitted assets by former W upon H's death.

Assets purchased during marriage with PI recovery from uninsured motorist policy, paid for with c/p funds, properly awarded to injured party.

PI award properly assigned to W without offsetting assets to H. Factors to consider in making division.

Award to injured person of nearly all c/p purchased with PI award during marriage affirmed.

PI awards lose character only when commingled to extent impossible to trace.

PI damages are unique in Family Code-held as c/p during marriage, but subject to special assignment rules.

Former Civil Code section 4800 permits award of PI damages to be awarded to injured spouse without offsetting award to other spouse.

That PI award was placed in joint account does not preclude its being awarded to injured spouse.

Worker's Compensation Benefits: Characterization upon divorce.