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.
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.
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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.
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.
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