The spouse of an injured person in florida has his or her own claim for loss of support,services and consortium. The spouse has no claim for any part of the injured person's recovery unless the spouse paid medical bils,etc. Check with a marital lawyer for confirmation.
This is definitely a question for a family lawyer. A personal injury is limited to getting the settlement/recovery.
I wish you the best.
My opinion and position stated above is not determinative of your rights, and you are free to seek other legal opinions. Should you decide to retain a lawyer, you should do so immediately as a statute of limitations may preclude you from bringing a claim in the future. If you are unclear about my opinion or you want to discuss this matter further, please feel free to call me at 305-536-3400.
If he was not the injured party, his recovery should be limited, if at all. Your attorney may have to make an application to the court to determine the allocation of the proceeds.
Sign up to receive a 3-part series of useful information and advice about personal injury law.