Friday, September 27, 2013

Recovery for Injuries in Divorce

I was thinking about an issue that is involved in a case I am working on.  I have an issue where a spouse was assaulted and incurred substantial medical bills as a result.  No civil suit was filed within one (1) year as required by Mississippi Code Annotated 15-1-35.   Parties are now divorcing.  The Chancery Court in my opinion can allocate the bills as part of the equitable distribution process even though no suit was filed.  This may be an interesting way around the statute of limitations issue to get a client some relief. 

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