Personal Injury and Workers’ Compensation Proceeds in a Divorce

I. PROPERTY SETTLEMENT. Nationwide, there are two approaches taken by courts when determining what portion, if any, of a personal injury award should be considered in a divorce proceeding.  First, there is the “mechanical” approach, which holds that all amounts from a personal injury award are to be included in the marital estate.  The other […]

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Legislation Introduced to Preserve Right to Choose Nursing Home Lawsuit

A bill has been reintroduced in the United States Senate and House which would prevent nursing homes from forcing residents to sign an agreement to waive their right to file a lawsuit in court if they suffer bedsores, dehydration or another injury caused by nursing home negligence. The legislation would invalidate mandatory arbitration provisions which […]

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