Legal Question in Personal Injury in Missouri

divirce

My husband was injured on the job.After his workmans compensation settlement is paid.he will be filing a lawsuit against North Kansas City,Mo.concerning faulty eqipment. If we get divorced after the lawsuit settlement is paid,do I have any rights to any of the money. We have three children. thank you


Asked on 12/14/07, 12:32 pm

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: divirce

a "cause of action" whether it is for workers compensation or tort injury accrues at the time of injury. If it accrued during the marriage, it is marital property. You have rights to it. How much you get will depend on a number of statutory factors. You need an attorney to advise you on this matter, and you should do it sooner rather than later.

Note that if you divorce your husband before the lawsuit is filed, your claim for loss of consortium (which is separate from your husbands injury, but which is personal to you), will likely be destroyed.

Seek counseling. Personal injuries that make men dependent tend to make them cranky, irritable and hard to live with. Knowing the problem is the first step to fixing it, and the problem can be fixed if you and your husband are willing.

Good luck whatever you decide.

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Answered on 12/14/07, 12:54 pm


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