CALIFORNIA FAMILY LAW
...Community Property Issues
......Specific Assets
.........Personal Injury Awards
12 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.
  • 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.