Accidents and injury caused by them are traumatic and can be life changing. Fortunately however our legal system will usually ensure that financial compensation by way of damages is recoverable by someone injured in an accident that was not their fault.
Notwithstanding this however the consequences of injuries suffered can result in the breakdown of a marriage and this can lead to other issues relating to the compensation awarded. One question that is often asked is whether compensation received by one of the parties to a marriage will fall into the matrimonial 'pot' and can be claimed as a matrimonial asset by the other spouse.
The answer to this will almost certainly be that it can. The leading authority for this is the case of Wagstaff. The husband was made paraplegic in a road traffic accident. He was awarded