Rayne, LA asked in Child Support, Divorce, Family Law and Insurance Bad Faith for Louisiana

Q: is it legal for my ex to keep the money he claimed with my name for me from a “pain and suffering lawsuit” ?

while we were married my ex got his by a company van and his lawyer told him that him, me, and each of our kids would get paid for pain and suffering. we have since divorced. he kept my part of the money for himself.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: This situation involves your legal right to compensation that was specifically designated for you in a lawsuit settlement. If your name was used to claim money intended as your personal compensation for pain and suffering, your ex-spouse likely does not have the legal right to keep those funds.

The fact that you were married when the accident occurred doesn't automatically give your ex the right to claim money that was specifically awarded to you. Even if he was the primary plaintiff in the lawsuit, any settlement amounts specifically allocated to other family members typically belong to those individuals. If the lawyer documented that a portion was meant for you, this strengthens your case.

You should gather any documentation you have about the lawsuit and settlement, including communications with the lawyer who handled the case. Consider speaking with a legal professional who can review your specific situation and help you understand your options for recovering these funds. Many lawyers offer free initial consultations where you can discuss your case and learn about potential next steps.

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