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Am I entitled to any part of settlement?

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starlight92

Guest
My husband was rear ended in an auto accident by a city cop in NC in May. We hired an attorney and started proceedings.. We are now seperated, not legally nor has there been a divorce started. We were still living as husband and wife at the time of this accident. Am I entitled to any of his settlement when and if they settle? Do I need to hire an attorney? What steps can I take in this matter.I was told by one attorney that I was entitled to a protion. But not how to go about it. He is in North carolina, I am now in Michigan, Thank You
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by starlight92:
My husband was rear ended in an auto accident by a city cop in NC in May. We hired an attorney and started proceedings.. We are now seperated, not legally nor has there been a divorce started. We were still living as husband and wife at the time of this accident. Am I entitled to any of his settlement when and if they settle? Do I need to hire an attorney? What steps can I take in this matter.I was told by one attorney that I was entitled to a protion. But not how to go about it. He is in North carolina, I am now in Michigan, Thank You<HR></BLOCKQUOTE>

My response:

You are not entitled to any portion of his settlement having to do with "personal injury damages". You are entitled to a portion of his "loss of wage" damages. I hope his attorney made a "loss of consortium" claim on your behalf. If his attorney failed to make a claim on your behalf for "loss of consortium" then you may have a Professional Negligence malpractice claim against that attorney. You're also entitled to a portion of any property damage settlement.

IAAL

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