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 youAsk a similar question
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.Ask a similar question
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.
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.Ask a similar question
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.
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.Ask a similar question
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.comAsk a similar question
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.Ask a similar question
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!Ask a similar question
Divorce Child support Filing for divorce Divorce petitions and complaints Child custody Family court and child custody cases Personal injury and loss of consortium Personal injury Personal injury settlement Types of personal injuries Divorce and family Child support and custody Social security Family law Social security disability Marital property
Sign up to receive a 3-part series of useful information and advice about personal injury law.