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Old 08-03-2007, 01:26 PM
  # 9 (permalink)  
Taking5
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Join Date: Jun 2006
Location: LA - Lower Alabama
Posts: 5,068
Hope,

I am not an attorney but I took several law classes in college. A damage award to a married couple in a civil suit - even if settled out of court - can be split in a dicorce proceeding. You are right that you were the one injured, in the hospital, in pain, reconstructive surgery, etc. This is true and will help you.

That does not mean that your spouse's damages are zero however. Loss of consortium while you were injured/incapacitated, loss of earning capacity or mental anguish while you were recovering, etc. are all common reasons why your husband - no matter how lousy a husband he was - could get a piece of these damages.

However, the key question is how did you seek redress for your damages? If it was just you for your damages, you may be fine and get it all.

Having said that, the settlement paperwork could very easily have (and will have if a good attorney wrote it up) wording covering all damages, including those I mentioned that could give part of the settlement to your spouse. This way, your spouse could not come back AGAIN and ask for those damages separately.

So share these thoughts with your attorney, and get proactive on this issue if it is not too late. If you never or rarely had sex, use this to minimize his loss of consortium damages.

It is very tempting to get all upset - I would be in your shoes - but now is the time to take action as well. If your lawyer is not proactive in helping you with this, get a new one.

And whatever happens, don't let the chaos around you get you down.
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