Personal injury settlement
Posted: Mon Nov 28, 2011 8:09 pm
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.