Taking Action

Get Answers Start Your Divorce Stop Your Divorce Divorce Forms Online Support

Divorce Tools

Online Divorce Online Negotiation Custody Tracker Custody Evaluation QDRO Preparation Divorce Calendar SEE ALL

Info Categories

Contemplating Divorce Children & Divorce Divorce, Dollars & Debt Divorce Laws Divorce Process Divorce Negotiation SEE ALL

State Resources

California Florida Illinois New York Texas SEE ALL

More Information

Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs

For Professionals

Generate Clients Free Network Page Submit Articles Sign In

The Divorce Encyclopedia
Personal Injury Awards


Term Definition Personal Injury Awards - awards paid to compensate or punish for a hurt or damage done to a personís body, as distinguished from his property or reputation.
Application in Divorce Damages may either be compensatory, which are given to make up for the loss, or punitive, which are given to punish the defendant for his or her action. Generally, punitive damages are awarded only when compensatory or actual damages have been sustained.

In some types of litigation, such as personal injury case, an attorney may be paid on a contingent basis -- a percentage of the award recovered. In divorce actions, attorneys may not charge a contingency fee; yet in some jurisdictions, family and marital law actions following a divorce, such as enforcement of property division, may be on a contingent basis. Tort actions between spouses may be brought "outside the dissolution of marriage arena," and thus on a contingent basis. In personal injury cases, such fees are often regulated by court rule or statute. See ABA, Model Rules of Professional Conduct, Rule 1.5(c), (d).

Personal injuries include marital torts, which are legal actions between spouses. At one time, a husband and wife had what was termed "spousal immunity"; that is, they could not sue each other for harmful actions committed during their marriage. Most jurisdictions have now repealed the doctrine of spousal immunity, permitting spouses (usually women) to bring marital torts (usually personal injury actions) in connection with domestic violence.

Marital torts, moreover, can be lodged in connection with intentional or neglect acts, including the transmission of sexual diseases, psychological distress and emotion injury, slander and libel as well as dissipation of community property.

Lawyers who specialize in personal injury torts -- the "slip-and-fall" lawyer or "ambulance chaser" -- win awards based on economic loss, injury, and pain and suffering. Pain and suffering is a term big enough to include not only physical discomfort and bodily distress but also emotional trauma and mental anguish. (In some jurisdictions, recovery for pain and suffering is restricted.)

See also Punitive Damages; Tort; Marital Tort; Compensatory Damages; Punitive Damages; Attorney Fees; Monetary Damages.

Add the Divorce Encyclopedia to Your Website!


The Research Center

Give Our Research Center a Try. Gain access to the same research material that lawyers often use to establish and win divorce cases. This material consists of legal journal articles and case explanation/analysis documents on a wide range of topics. If you think your situation is unique, your answers will most likely be here. In order to gain access to this area, you must establish an account, but you can search the documents before deciding.


The Divorce Source Difference

Since February 1st, 1997 (when we initially launched Divorcesource.com) we have helped millions of people contemplating or experiencing divorce. The reason we have been able to reach so many people is because we have made it a priority to listen to our customers. We have built a trust by listening and delivering what the customer needs, rather than what we think they want. This is the Divorce Source difference.


Social

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:

Custody Scheduling and Tracking

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:

 

Start Your Divorce File for Divorce

 

Settle Your Divorce Negotiate Your Divorce

 

Track Child Custody Track Custody & Visitation

Free Divorce Worksheet and Separation Agreement

Limited Offer Women's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"The Absolute Best Investment in Your Divorce"

Men's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"Uncover Your Options and Unleash Solutions"