what happens to our lawsuit if we divorce?

[Luvmyponys]

What is the name of your state (only U.S. law)? CA
My husband was misdiagnosed as terminally ill 5 yrs ago. We are involved in a pending lawsuit against his Dr. We are both plaintiffs in the case; I also have a seperate lawsuit for pain and sufferng. If my husband and I were to seperate or divorce before the case is settled; can he remove me from the case? Am I still entitled to a portion of the settlement? What are my rights?

 

[LdiJ]

What is the name of your state (only U.S. law)? CA
My husband was misdiagnosed as terminally ill 5 yrs ago. We are involved in a pending lawsuit against his Dr. We are both plaintiffs in the case; I also have a seperate lawsuit for pain and sufferng. If my husband and I were to seperate or divorce before the case is settled; can he remove me from the case? Am I still entitled to a portion of the settlement? What are my rights?

You really need to consult an attorney on this one. Since you are a named plaintiff you can't be arbitrarily removed from the case, nor can your husband collect against the claims that you have made. However, this is a complex situation and advice from an internet message forum is NOT the way to go.

 

[mistoffolees]

What is the name of your state (only U.S. law)? CA
My husband was misdiagnosed as terminally ill 5 yrs ago. We are involved in a pending lawsuit against his Dr. We are both plaintiffs in the case; I also have a seperate lawsuit for pain and sufferng. If my husband and I were to seperate or divorce before the case is settled; can he remove me from the case? Am I still entitled to a portion of the settlement? What are my rights?

Let me get this straight - you're suing because he DIDN'T die and the doctor managed to save his life?

I thought I had seen everything.

 

[LdiJ]

Let me get this straight - you're suing because he DIDN'T die and the doctor managed to save his life?

I thought I had seen everything.

Didn't you read about the guy in England who spent his entire life savings (retirement funds) because he thought he had only a few months to live, only to discover that the doctor had misdiagnosed him? He sued too although I don't know if there has been any outcome yet.

Imagine going through all of that, and making decisions based on that....maybe even giving away all of your property, only to discover it was a mistake.

 

[majomom1]

Didn't you read about the guy in England who spent his entire life savings (retirement funds) because he thought he had only a few months to live, only to discover that the doctor had misdiagnosed him? He sued too although I don't know if there has been any outcome yet.

Imagine going through all of that, and making decisions based on that....maybe even giving away all of your property, only to discover it was a mistake.

I can definitely see the terminally ill case, and the pain and suffering that would cause anyone. Hopefully they got a second opinion and discovered this error very early...

I can also see that divorcing him now could potentially hurt that entire case. OP definitely needs to consult an attorney before proceeding on anything.