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When it comes to your personal injury claims, personal injury settlements are considered "countable assets." What this means is if you have received a personal injury settlement during your Medicaid eligibility period, you are prohibited from receiving future Medicaid benefits.
Marital property is basically everything elseany property that comes into the marriage that is not separate property. An asset is marital property if either spouse acquired it during the marriage (such as income from employment) or they obtained it jointly (such as a primary residence).
The burden rests on the spouse claiming that any property is not marital property to convince a court that he or she should be awarded 100% of that particular property or money associated with that property. There are countless examples addressing marital and non-marital property claims in Kentucky.
Equitable Distribution by Courts Simply because personal injury settlement proceeds may be distributed as a part of the marital assets, it does not imply that each partner will receive an equal portion. Under Kentucky law, courts are required to divide the marital estate equitably.
If you are hurt by someone, either by what they did or failed to do, you may need to sue for your damages. You should be suing the person or company who hurt you for negligence.
The insurance industry typically uses the pain and suffering multiplier method. This works by assigning a number to the victim's pain. Depending on the severity of the injury, this can range from 1.5 to five. The insurance adjuster then multiplies that number by the victim's total amount of economic damages.
Receiving Non-Economic Damages in KentuckyKentucky allows compensation for pain and suffering that result from personal injuries. This means that in medical malpractice, car accident, or defective product cases, you can claim damages for pain and suffering or other non-economic injuries.
The cause of action for loss of consortium should be thought of as a separate lawsuit against the defendant. Hence, it is pleaded separately. When bringing loss of consortium action, it is usually the case that the tortfeasor requires joinder at the same time as the tort claim.
Settlement Asset means any cash, receivable or other property, including a Settlement Receivable, due or conveyed to a Person in consideration for a Settlement made or arranged, or to be made or arranged, by such Person or an Affiliate of such Person.
For example, in Kentucky, you can recover noneconomic damages for emotional distress as well as pain and suffering. You may also be able to sue for economic damages if you lose income as a result, and for your therapy bills.