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Personal injury settlement
Personal injury settlements are based on special dmgs - medicals, out of pocket expenses, loss of wages,
etc., and compensatory dmgs, ie, pain & suffering - that nebulous number in the sky to compensate the person
for the pain and suffering a person naturally goes through just because they were in an accident, includes
physical and emotional suffering.
I'll defer to others on the 'not including.........P&S'
Vicki
Vicki L. Temkin
Law Office of Vicki L. Temkin
15021 Ventura Blvd., Ste. 753
Sherman Oaks, Ca 91403
Ph:(818) 501-4658 /Fx:(818) 501-0903
www.vtemkinlaw.com
>________________________________
>To: cdcbaa@yahoogroups.com
>Sent: Monday, November 28, 2011 7:54 PM
>Subject: RE: [cdcbaa] Personal injury settlement
>
>
>
>For your second question, see Family Code 780-1. The PI proceeds are CP, so you need to amend to include all the proceeds on Schedule B and list them as CP.
>
>Pat
>
>Patrick T. Green
>Attorney at Law
>1010 E. Union St. Suite 206
>Pasadena, CA 91106
>Tel: 626-449-8433
>Fax: 626-449-0565
>Email: pat@fitzgreenlaw.com
>
>
>
>From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of Joe
>Sent: Monday, November 28, 2011 6:30 PM
>To: cdcbaa@yahoogroups.com
>Subject: [cdcbaa] Personal injury settlement
>
>
>My dear list mates:
>
>Client disclosed,for the first time, a potential personal injury settlement after her Chapter 7 341 a hearing. The total gross settlement is $65,000. Her personal injury attorney disbursed $15,000 of it but is holding on to the rest as he is waiting for the lien amounts from the medical provider. The amount of her medical bills exceeds the $65,000 policy limits. The code states that a petitioner can protect $20,000 plus, not including pain-and-suffering. What does
>"not including pain-and-suffering" mean? I have asked three attorneys and have gotten four at different opinions.
>
>The client husband was also involved in the accident and is expected to receive the same amount by way of a recovery. He is not filing bankruptcy. If the trustee inquires, is it possible that he may lose his personal injury recovery?
>
>Thank you for any enlightenment.
>
>Joe
>
>
>
The post was migrated from Yahoo.
For your second question, see Family Code 780-1. The PI proceeds are CP,
so you need to amend to include all the proceeds on Schedule B and list them
as CP.
Pat
Patrick T. Green
Attorney at Law
1010 E. Union St. Suite 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
Email: pat@fitzgreenlaw.com
The post was migrated from Yahoo.
My dear list mates:
Client disclosed,for the first time, a potential personal injury settlement after her Chapter 7 341 a hearing. The total gross settlement is $65,000. Her personal injury attorney disbursed $15,000 of it but is holding on to the rest as he is waiting for the lien amounts from the medical provider. The amount of her medical bills exceeds the $65,000 policy limits. The code states that a petitioner can protect $20,000 plus, not including pain-and-suffering. What does
"not including pain-and-suffering" mean? I have asked three attorneys and have gotten four at different opinions.
The client husband was also involved in the accident and is expected to receive the same amount by way of a recovery. He is not filing bankruptcy. If the trustee inquires, is it possible that he may lose his personal injury recovery?
Thank you for any enlightenment.
Joe
The post was migrated from Yahoo.