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loss of consortium

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greyhoundlady

Guest
What is the name of your state? Maine.
My husband and I separated 5 months after his auto accident. He is settling with the insurance company for 92,500. I was told by a lawyer that they would not settle with him until they had me sign off due to the fact that they won't want me to sue for loss of consortium. I have not heard from anyone other than my husband. Did I give up my rights to that loss when I moved out. We are scheduled for our divorce hearing on 1/8/03. Do I have any rights left?
 


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greyhoundlady

Guest
Have I stumped you guys with this one or are you unsure??
 

JETX

Senior Member
Q1) "Did I give up my rights to that loss when I moved out."
A1) No.

Q2) "Do I have any rights left?"
A2) Yes.
 
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greyhoundlady

Guest
So what do I do from here? He believes that he will be getting his settlement before Christmas and plans to give me some but certainly not enough for all the aggrivation I suffered taking care of him and his duties during his months of recovery. Should I take what he gives me and go to a lawyer ?
 

JETX

Senior Member
What did the attorney handling your divorce say as to marital distributions??

Simply, the insurance settlement is a marital asset and subject to distribution as part of the separation.
 
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greyhoundlady

Guest
I am doing my own divorce. I asked that marital property be split by the judge. My husband says that his PI lawyer told him that personal injury monies are not subject to marital property laws. I read in a response by one of the people from this website that failure to include "loss of constortium" was "malpractice" by the PI lawyer. Is this true in Maine? Should I have signed something giving up my right to loss? I am not greedy but I don't want to be walked on either.
 
A

aahlee

Guest
you deserve to get screwed..or lack of it.....

get a lawyer TODAY and do this right.
 
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greyhoundlady

Guest
well, got my lawyer and am still waiting for both divorce and loss settlement. the insurance company settled with my husband and never had me sign anything. my lawyer is trying to sue for the loss, they have taken a defensive stand. should the lawyer that represented my husband notified me of the intention to settle?
 

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