[WSBAPT] Personal Injury Settlement is Separate Property

[Dalynne Singleton]

What is the authority that a personal injury settlement is the separate property of a person so that if the person dies before disbursement, the monies are their separate property?
I would acknowledge there might be an exception if some of the monies were for lost wages or for payment of a vehicle owned by the community.
The person did not die from the personal injury - it was unrelated to their death.  All discussion seems to be in case of a divorce not a death.
Is a Personal Injury Settlement Community Property?
If the money received as a personal injury settlement is deemed compensation for pain and suffering, it will not be considered community property. These funds are the property of the recipient only, since it was that individual who experienced the discomfort following the accident.  In a case where a portion of the settlement is received as compensation for physical damage to property or for lost wages, this part will be considered community property, since vehicles and income would be classified in this way.

Dalynne Singleton

Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291

360.568.5065
360.329.4079
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>

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