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greyhoundlady

Guest
What is the name of your state? Maine
My future ex husband claims to have signed off on his personal injury suit yet I have not signed off on the "loss of consortium". Can he settle without me signing off? He claims that because the insurance company was an out of state company I don't have rights to "loss".
A little history - he is sueing the driver of a vehicle that he was a passenger in - the vehicle was ours and the driver was his son by his first marriage driving on a permit only. His son was found at fault.
I am going to see a lawyer today but what can I expect?
 


HomeGuru

Senior Member
greyhoundlady said:
What is the name of your state? Maine
My future ex husband claims to have signed off on his personal injury suit yet I have not signed off on the "loss of consortium". Can he settle without me signing off? He claims that because the insurance company was an out of state company I don't have rights to "loss".
A little history - he is sueing the driver of a vehicle that he was a passenger in - the vehicle was ours and the driver was his son by his first marriage driving on a permit only. His son was found at fault.
I am going to see a lawyer today but what can I expect?

**A: five bucks. You do have rights.
 
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greyhoundlady

Guest
I don't understand what your reply in trying to say - should I skip the lawyer and try to settle with my ex or do I need to get a lawyer? Please be more clear if you are serious about your advice.
 
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greyhoundlady

Guest
So you don't give real advice? You just play with peoples heads and say whatever is on your mind? That is okay but I was kinda looking for some real advice. Thanks anyway.
 
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ProResearch

Guest
Sometimes the attorneys on here have manic-depressive moods it seems......::sigh:: Sometimes they give excellent advice and we think we love them.... other times they make fun of you and you just want to shoot them...lol... sometimes they make us laugh.... rarely... ahem...... Who knows why? Ego? Power? Wanna-be judges lol... who knows. But I would take EVERY piece of advice here on this web site and other similar web sites with a grain of salt.

If you are in doubt about something legal, be sure and bring it up with an attorney in your area (I read that you have an appointment). Many (most) times, they give free consultation if they are reputable and trustworthy. This is JUST a web site -- no one knows who these lunatics are that post replies -- I mean who these helpful 'advisors' are... people are hidden behind 'screen names' aaaand THIS IS THE INTERNET babee:). There are literally a ga-jillion billion web sites 'out there' offering whatever.......

P.S. ::sigh:: I am having a manic-depressive day today...... not sure which one though ;-)

P.P.S. On your loss of consortium claim, I noticed that when I signed my settlement release with the at-fault driver's insurance company, it stated that my husband would also lose his right to pursue anything further. Oh really? I just smiled and signed and took the $14.5K check. The insurance company was full of it, amateur release form that is was. I'm not sure about all that jazz -- it sounded official, but if there REALLY was a loss of consortium claim, the other spouse can't just sign YOUR rights away......at least common sense wise.

I am glad you will see an attorney. What did he/she tell you?
 
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stephenk

Senior Member
did your hubby file a lawsuit against the driver of the car he was in? were you also a party to the lawsuit?

When did the accident happen? What is your understanding of "loss of consortium"?
 
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greyhoundlady

Guest
My husband did file a lawsuit against the driver (his son) and is settling for 92,500. I don't know if I was included, his lawyer won't return my calls. My understanding of "loss of consortium" is the loss of services usually provided by the spouse, i.e. sex, yard/lawn care, taking out the trash, laundry, etc....
I had to wait on him hand and foot for a month while his 4 broken ribs healed alittle way, I had to sleep in the living room because when I moved in bed it hurt him and he kept me awake at night. I had to hold down a full time job during his healing process and was very tired all the time.
We separated 5 months later.
My lawyer believes I am entitled to "loss" and half of the portion he claimed was lost wages. Should I persue this avenue?
 

HomeGuru

Senior Member
Let me get this straight. Your husband is suing his own son from a previous marriage because he got injured as a passenger and the driver was his own son with only a permit. OK, got it.

My comment about the $5 bucks was made to encourage you to seek legal counsel.
 
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Barmstrong

Guest
Who's marketing?

I'm not marketing anything, just asking a question. I've had lots of experience with covereage and without it.
 

HomeGuru

Senior Member
Re: Who's marketing?

Barmstrong said:
I'm not marketing anything, just asking a question. I've had lots of experience with covereage and without it.

**A: total BS. You are a rep for a prepaid legal services company. Most likely one of the similar name headquartered in OK. I know Harlan S.
Your website is http://mccandliss.com
 

stephenk

Senior Member
greyhound,

is your attorney your divorce attorney?

From your post I can conclude you never filed a lawsuit against the other driver for loss of consortium. For that to happen you would have retained your husband's personal injury attorney to represent you. You have referred to that attorney as "your husband's attorney".

Depending on when the accident happened, the statute of limitations for you to file a loss of consortium claim may not have run. THe claim would have to be made against the other driver, not your husband.

Your LOC claim seems weak since you separated 5 months after the accident. Were his injuries the cause of the separation and/or divorce?
 
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greyhoundlady

Guest
I was not aware that I should seek the LOC claim because we were still together when the PI lawyer was retained. I feel that the main reason for our separation/divorce is caused by the accident. Let's just say I finally figured out what kind of man I had married. I waited until he could take care of himself before I left and I don't want more than I am entitled to. I will retain a lawyer if I have to but should I contact the insurance agency he sued first to ask about the LOC?
Also, am I entitled to part of the settlement that he claimed for lost wages?
 

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