Q: Former husband was a named plaintiff in an automobile accident case.
The case was dismissed by jury and filed on appeal. The parties were divorced shortly after the trial; during appeal. Plaintiff's attorney settled case for 200,000.00. Former husband was never compensated and was never informed of negotiations, agreement for settlement was reached and paid out. Former wife was issued a check intended for both spouses but kept all of the award. Question: Can the former husband sue the lawyer who failed to include him and/or obtain his consent to amount, etc.??? Is the ex-wife guilty of stealing his money and is there legal recourse?
A: Was the former husband's claim one for loss of consortium? Was any of the settlement amount for that claim? You need to speak with the attorney who settled the claim for the details . Chances are the settlement was only on the wife's injury claim.
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