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The Slip And Fall Of The California Legislature In The Classification Of Personal Injury Damages At Divorce And Death, Helen Y. Chang
The Slip And Fall Of The California Legislature In The Classification Of Personal Injury Damages At Divorce And Death, Helen Y. Chang
Helen Y Chang
This article critiques California’s classification and treatment of personal injury damages at divorce and death. Of the nine community property states, California is the only state not to follow a replacement or analytic approach in classifying personal injury damages. Since the current statute was enacted in 1968, California has seen important developments in no-fault divorce reform, the rise of women’s rights, and tort law but California has failed to update its mechanistic formula for personal injury damages in the marital property context.
California’s present rule classifies personal injury damages as community property during marriage but awards the monies to the …