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If a plaintiff receives a major award in a personal injury suit where spouse not named must award be split with unnamed spouse?

Asked almost 3 years ago - Saint Louis, MO

Man was awarded a multi-million dollar sum in a mesothelioma suit against large corporations. Plaintiff's law firm split the award equally with the plaintiff's spouse without the plaintiff's consent. The spouse was not named in the lawsuit. They were married and living together at the time.

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Attorney answers (3)

Jason Alexander Richman

Reputation Level 8

Answered almost 3 years ago. Personal Injury Lawyer in Canandaigua, NY.

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No. The award does not have to be split between a living plaintiff and his non-party wife. Depending on how the Award is structured, the spouse might not even be entitled to a portion of it in a divorce action. However, In order to accurately assess the propriety of what happened, I would need more specific information.

Jason A. Richman , Esq.

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Alan James Brinkmeier

Reputation Level 20

Answered almost 3 years ago. Personal Injury Lawyer in Chicago, IL.

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There are too many variables that need to be discussed to give you the answer that you are looking for.
Contact a local lawyer to talk specifics. Getting an attorney immediately to look this situation over with you is sound advice.

Good luck to you.

Note: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. Check with a lawyer in your own jurisdiction. The law is constantly changing and answers different from place to place.

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Edgardo Rafael Baez

Reputation Level 17

Answered almost 3 years ago. Personal Injury Lawyer in San Antonio, TX.

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I hope that whomever this man is contacts an attorney to help him protect his rights. The award does not have to be split although if insurance companies are involved, most likely they issued the check to both plaintiff and spouse but does not mean that spouse gets a cut unless she has claims of her own.

The Báez Law Firm, P.C.

Trial Attorneys

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