Bus Wreck Settlement...

by STEVEN
(MINNEAPOLIS, MN)

My wife was injured on a bus two years ago during which time I suffered with her and took care of her. We are now separated and in four months her case goes to trial.

Am I entitled to part of the settlement? If so how do I get it? Do I put a lien on it, if so how? Thanks.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Bus Wreck Settlement...":

This is complicated and the answer is two-fold:

Basically, a personal injury settlement is the separate property of the injured party and there is no claim that you can make against her settlement.

Technically, a married person MAY have a claim for loss of consortium and that would be the claim of the actual spouse based upon the care that you provide the injured spouse as she is recovering. The value of those claims is extremely speculative and difficult to evaluate.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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TYPE OF ACCIDENT
AUTO ACCIDENT
PERSONAL INJURY
WORKERS COMPENSATION
MEDICAL ERROR
YES! I WANT FAIR COMPENSATION