Legal Q&A

Answers to common legal questions about accidental injury, negligence, and insurance.
Question: My husband will be getting a settlement for a personal injury case. How much of this settlement am I entitled to?

I have been supporting him and paying his bills since his accident. Because of this accident (and the effects it has had on his personality) and the fact that he allowed his Mother to move in to our home (I am now expected to support her as well), I do not foresee our marriage continuing for much longer. Without me to pay for him and his Mother’s living expenses, they would be homeless. Which is why I stay. When he gets his settlement and can take care of himself and his mother, our marriage will be over. At that point, I want to know what % of his settlement I can claim. Thank you.

Answer:

I’m sorry to hear about your circumstances. Besides a potential economic damages distribution as part of a divorce, you may be entitled to a claim for loss of consortium.

Florida allows a spouse or family member of an injured person to pursue a claim against the negligent (at-fault) party for loss of love, affection, companionship, comfort, and/or sexual relations that were negatively affected by the person’s injury.

If your husband’s injury negatively affected your marriage, I think you have a valid claim. I strongly recommend that you contact my office for a free consultation and complete analysis of your case. I look forward to hearing from you.

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