Can they put my spouse on my pain & suffering settlement check from car accident?

Asked almost 2 years ago - Louisville, KY

Our family car was rear-ended and totaled, and my spouse and child have already received their pain & suffering settlement checks (which was issued to them only). My injuries were a little more severe. Now that my check has come, I was surprised to find that my spouse's name was on it, also. I thought this was MY settlement? Can I insist that they issue a new check?

Attorney answers (6)

  1. Joseph Jonathan Brophy

    Contributor Level 20

    3

    Lawyers agree

    Answered . If your wife sued for loss of services, her name goes on your check. Ask your lawyer.

    Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to... more
  2. Jeffrey Mark Adams

    Contributor Level 20

    2

    Lawyers agree

    Answered . Was your spouse named?

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  3. Randall Richard Sevenish

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . This depends on a couple situations. In Indiana the spouse is almost always put on the check. Contact a local attorney and ask them if this is normal practice. It would also depend if there was a law suit filed and your spouse was a named party.

    Randy Sevenish is licensed to practice law in the State of Indiana. The laws of your jurisdiction may differ and... more
  4. Lars A. Lundeen

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . What does your lawyer say? A spouse of an injured party generally has a derivative claim for loss of services, loss of consortium, etc.. Most carriers will not settle a claim without getting a release from both of the parties to a marriage.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.
  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . I hope that you didn't sign a release, as any settlement done without a lawyer is going to be approximately 1/10th of what a lawyer would have obtained. Find a lawyer with a low contingency fee, less than 30% with no costs deducted, so you get the lion’s share of the settlement, not your lawyer.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  6. Bradley D. Harville

    Contributor Level 13

    Answered . Yes, due to the potential loss of consortium claim. If you have any questions please contact my office. I hope your settlement was for a reasonable sum.

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