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I filed for divorce after taking care of my now ex husband for 3 years in a personal injury claim. I have a loss for consortium

West Columbia, SC |

He wants most of the money.. He has medicare and social security disability to take care of his future possible need for facility care. I changed diapers, had a hospital bed in our living room until he got better and cooked him 3 meals a day. I drove him back and forth to docs for 3 yrs, took care of getting him his meds and infusions and appointments and specialists, he has neuropathy which left him unable to perform sexually, I took care of all the household chores and our autistic son.....whom i have custody of. I am 35, he is 51. Our son is 14 and functions on a 2nd grade level. I left and filed for divorce 2 months later when his mood swings and demands on me became intolerable and I was staying sick all time with vertigo in the bed. The case is a joint lawsuit.

Attorney Answers 7


  1. based on these facts you very well may have a loss oc consortium claim. i would contact a local attorney who is a member of avvo to further advise you


  2. Consult with an attorney. You can still pursue your loss of consortium claim. The distribution of funds will likely need to be handled in family court upon dissolution and division of the assets. Best of luck.

    I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.


  3. You need your own attorney and should talk with someone ASAP. Based on your past actions it seems that you do have a compelling case for loss of consortium.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


  4. Based on your posting, it would appear that you have a significant derivative claim, which goes beyond simple loss of consortium. You apparently have done a lot of nursing care and similar activities. If your husband is not willing to agree with you as to a specific amount for your recovery at the conclusion of the matter, it may behoove you to obtain counsel on behalf of yourself, as there would then appear to be a conflict between you and your soon to be ex-husband. You may also wish to think about future child support for your child from your soon to be ex-husband.

    Your current attorney is apparently representing both of you and, at the time you signed the contract with the attorney, there may not have been an apparent conflict between you and your husband. That is no longer the case and it may be appropriate for you to obtain your own attorney. You are not under any obligation to sign a release until you are satisfied as to the amount of your recovery from any settlement. It is doubtful that the carrier would settle the claim just with your husband. Your signature will be needed and that is your leverage.

    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. I'm sorry to hear about your situation. You have a lot of issues, and you would need to retain a local attorney to handle them. You can use Avvo's "find a lawyer" tool to locate a good attorney in your city. Good luck.

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


  6. I agree that both hi sclaim and your loss of consotium claim are marital property, to be divided by agreement, or by the Family Court. You have listed good reasons why you deserve compensation. However, the court will likely take into account that you suffered with this for three years (during which he also suffered), but he will suffer for the rest of his life.


  7. Filing for divorce certainly didn't help your claim

    If this answer was helpful to you or if it was the best answer, please click the buttons that state helpful and best answer. Please understand that all of my answers are for informational purposes only, are not legal advise, and do not create an attorney-client relationship between you and me. I am not your attorney and you are not my client unless we enter into a signed contract. My only legal advise to you is that you should immediately consult with and hire a lawyer and that you should not represent yourself. If you want to more information about personal injury, visit http://www.sainjurylawyer.com or if you want more information about criminal defense, visit http://www.giardinolawfirm.com. Good luck!

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