NJSBA Family Law Section

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  • 1.  combined personal injury settlement

    Posted 02-07-2019 06:58 PM
    Representing husband in pending divorce.  He and his wife each have pending personal injury cases.  However, they have a single policy.  The settlement offer the insurance company is making is for both.  The insurance company will not break it down.  The personal injury attorney advises it "can't be 50/50 because husband clearly had the bigger claim."
    Is there a mediator who could help with this?  I'm sure Wife's attorney is going to go for a 50/50 split since insurance company is offering no clue.

    TIA for any help.

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    Mary Jane Leland Esq.
    Leland Law Firm, LLC
    Freehold NJ
    (732)409-7777
    [email protected]
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  • 2.  RE: combined personal injury settlement

    Posted 02-07-2019 10:32 PM
    Mary Jane

    You need to speak with the personal injury lawyer some more.  Need more information. Who has the main p.i. Claim, husband or wife?  If one has a per quod claim, then the per quod claim is smaller value than main claim.  Is it 2 separate lawsuits for separate injuries? If so, the insurance carrier should not be combining both lawsuits in one settlement.

    Need more information.  it should not be a 50/50 split. Pain and suffering is exempt from ED. Only back wages and reimbursement of medical is subject to ED.

    Alice M. Plastoris, Esq.
    (973) 538-7070

    Sent from my iPad



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  • 3.  RE: combined personal injury settlement

    Posted 02-08-2019 10:22 AM
    Mary Jane,

    Read Lentini and Landwehr. 
    They'll help you. 

    Best regards,



    Original Message


  • 4.  RE: combined personal injury settlement

    Posted 02-08-2019 10:23 AM
    If the clients don't have SEPARATE representation from each other, in the accident case, they probably should.
    Not sure what the facts are in terms of timing, but did the PI lawyer know of the divorce and make claim for both anyway?
    That would probably not be a good thing ---

    As far as the carrier making a single offer, they do it all the time. They would or could implead the policy limits in court and let the two fight it out - if they are offering the entire policy limits available.  So, yes, they can offer it that way and say 'give me two releases and here is the check for the policy'. 

    DAVID C. BENDUSH, ESQ. 310 SPRINGFIELD AVE., SUITE 10 BERKELEY HEIGHTS, NEW JERSEY 07922 908-771-0550 (TEL) 908-771-0715 (FAX)



    Original Message