<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Cindy123:
Thank you for your reply IAAL. Do you think I should go to his attorney and explain to Him that this accident may have affected our marriage, and that he has missed a lot more work than he has reported to the lawyer?
And if I am enitled to a portion of his settlement, how do I go about getting it? He may have it spent by the time we go to court over divorce. Divorces take time, and he should be getting his settlemet anytime now. When I go to see an attorney about filing for divorce, can
they put some type of hold on his settlement?<HR></BLOCKQUOTE>
My Response:
If the accident occurred WHILE you were married, you are entitled to join in the lawsuit for your "Loss of Consortium" damages to the marriage - - that is, "but for" the accident and his pain and suffering, your husband would have been able to "perform" (you know), and take out the trash, vacuum the house, or mow the lawn, and all other "partnership" responsibilities that were foisted onto you as a result, and you suffered as a result of his being injured due to the negligence of someone else. If his attorney does not join you in the lawsuit, then that is malpractice. Contact his attorney in the accident case and tell him that you want to be joined as a party Plaintiff for your damages in a cause of action for Loss of Consortium.
You are NOT entitled to his portion of any settlement for General Damages (pain and suffering); but, you are entitled to your portion of his lost wages and vehicle damages. It makes no difference if he spends the money, because if he wins his lawsuit, you would be entitled to a "credit" for such money when it comes time to settle the divorce matter.
Good luck to you.
IAAL
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