Should you start with a divorce or a personal injury claim?
- Category: Blogs
- Published: Monday, 31 January 2022 07:40
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Life is a tangle of complexities. Sometimes it appears that you are the happiest person in the planet, and then life throws you a curve ball. The most essential thing to remember is that you are not alone, and that Divorce Lawyers Melbourne are always there to aid you. If you're dealing with many issues at once, such as a personal injury claim and a divorce, you'll need to prioritise. Of course, it is possible to manage both operations at the same time, but this will make things more difficult. So, should you start with a divorce or a personal injury claim?
Whether you're in the middle of a divorce or simply planning one, it's wiser to finish what you've begun, especially if time constraints prevent you from doing so. You have three years from the date of the accident or occurrence to hire an injury attorney and start your case, according to the law. If your personal injury claim is related to a medical condition, the three-year term does not commence until the plaintiff first had "knowledge" of the clinical condition, which is usually defined as the day when a positive diagnosis was verified by a competent doctor. If the injury isn't life-threatening, you can finish your divorce and then look for a personal injury lawyer.
According to the court, asset division entails a fair and equitable allocation of all marital assets. Spouses will get assets that are about similar in value. As a result, if you win your lawsuit and get an injury payout before separating, it may be deemed joint property with your husband. The settlement might be distributed during the divorce if the cash replaces something that both spouses have lost. This might involve money. If the personal injury award replaces something that only one spouse lost, such as a bodily part, it is considered a distinct property. The settlement will also be distinct if it was intended to compensate the damaged spouse's well-being.
While you wait to start your personal injury claim with the help of Personal Injury Lawyers Melbourne or find the correct personal injury attorney, gather as much evidence as possible to show the other party's liability. The following items might be found in evidence:
- Police Reports - Call the cops as quickly as possible (particularly if it's an automobile collision). They will write a report that you can seek later to establish that someone caused your injuries.
- Physical Evidence — whatever you can see or touch as proof of your injuries qualifies as physical evidence. For instance, a damaged automobile or bike, damaged clothing, a worn stair that causes a fall, or a faulty product.
- Photographs - if you don't have a piece of physical proof, photographing it is the next best thing. This manner, you'll be able to furnish insurance companies with copies while preserving the original digital images. Photos of your injuries, such as severe bruises, burns, and lacerations, can also help determine the severity of your problems. Pictures depicting significant bruises, burns, and lacerations help to communicate the tale of your misery. Take a selection of images from various perspectives so that you may pick the ones that best depict your injuries afterwards. It's also a good idea to make a video.
- Medical records are unquestionably important in determining the extent of your injuries and, as a result, the amount of compensation you should seek.
In any case, while dealing with two separate legal procedures, it is vital to consult an expert attorney who can provide advice and guidance appropriate to your circumstance.