Visitor Question

Bus Wreck Settlement…

Submitted 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.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear STEVEN,

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 a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: January 15, 2011

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