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07-29-2008, 07:22 PM
| | Junior Member | | Join Date: Jul 2008 Location: illinois
Posts: 6
| | | my personal injury award and divorce What is the name of your state (only U.S. law)? illinois
I have been awarded a personal injury settlement.He did not lose wages because most of the time he was on unemployment.My award was for the poisoning I recieved causing me to have many surgeries.I will have future health problems because of the poisoning.Is he going to be able to get 1/2 of my money? | 
07-29-2008, 07:43 PM
| | Senior Member | | Join Date: May 2004
Posts: 41,458
| | Quote:
Originally Posted by jackiehall What is the name of your state (only U.S. law)? illinois
I have been awarded a personal injury settlement.He did not lose wages because most of the time he was on unemployment.My award was for the poisoning I recieved causing me to have many surgeries.I will have future health problems because of the poisoning.Is he going to be able to get 1/2 of my money? | You need to start at the beginning and explain the story. You didn't tell us if you were married, if you are divorcing or anything else regarding the situation. How do you expect to get decent and accurate answers?
However, 9 times out of 10, your personal injury settlement would be yours alone. If you don't want to thoroughly explain the situation here, then go get a face to face consult with a local attorney.
__________________ in vino veritas | 
07-30-2008, 05:32 AM
| | Junior Member | | Join Date: Jul 2008 Location: illinois
Posts: 6
| | | my story sorry about that.Yes I am married and getting a divorce.I am one of the Erin Brokovich victims..yes from the movie, th time i was living in Hinkley i was exposed to chromium 6.I have had 17 surgeries and almost died 3 times because of the poison .It is unclear and unknown that I will continue to get sick.I was awarded a settlement during the marriage (17 years)he didnt lose wages.he was mostly on unemployment.He was'nt affected physically or finacially.Insurance picked all the of the bill when ever I had been sick.I was the only one who and is sick.I did pay off OUR debts and I bought him a jeep anew one.He said in Illinois he can take his fair share.Will the courts look at my case analytically?
I will need this money to provide for myself and my son if I do get sick and lose wages during that time. please I hope this helps.  | 
07-30-2008, 07:22 AM
| | Senior Member | | Join Date: May 2004
Posts: 41,458
| | Quote:
Originally Posted by jackiehall sorry about that.Yes I am married and getting a divorce.I am one of the Erin Brokovich victims..yes from the movie, th time i was living in Hinkley i was exposed to chromium 6.I have had 17 surgeries and almost died 3 times because of the poison .It is unclear and unknown that I will continue to get sick.I was awarded a settlement during the marriage (17 years)he didnt lose wages.he was mostly on unemployment.He was'nt affected physically or finacially.Insurance picked all the of the bill when ever I had been sick.I was the only one who and is sick.I did pay off OUR debts and I bought him a jeep anew one.He said in Illinois he can take his fair share.Will the courts look at my case analytically?
I will need this money to provide for myself and my son if I do get sick and lose wages during that time. please I hope this helps.  | Yes, that does help. I believe that the personal injury award is yours alone, however, you honestly need to take the paperwork and get a consult with a local attorney, who can see how everything is worded. If it was awarded to you individually, and you kept the money separate, then its probably yours individually. However, if because of your children, it was awarded to you as a family, or of there is any "loss of consortium" language in the order, naming your husband, then it gets more complicated.
It was a class action lawsuit, so you will need your copy of the class action award as well. How you are named within the class may make a difference as well.
__________________ in vino veritas | 
07-30-2008, 08:53 AM
| | Senior Member | | Join Date: Dec 2005 Location: Ohio
Posts: 31,823
| | Quote:
Originally Posted by LdiJ Yes, that does help. I believe that the personal injury award is yours alone, however, you honestly need to take the paperwork and get a consult with a local attorney, who can see how everything is worded. If it was awarded to you individually, and you kept the money separate, then its probably yours individually. However, if because of your children, it was awarded to you as a family, or of there is any "loss of consortium" language in the order, naming your husband, then it gets more complicated.
It was a class action lawsuit, so you will need your copy of the class action award as well. How you are named within the class may make a difference as well. | What LD stated. It depends on a variety of factors that we here cannot tell you -- such as how the settlement was worded.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in. Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.
Licensed to practice law in Ohio and a Guardian Ad Litem for children
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