Keshya Williams: Soon to be ex wife may be entitled to part of accident settlement

Dear Attorney Williams:

My husband and I are getting a divorce and he just settled a lawsuit from when he was in a car accident. He doesn't think I know about the settlement. Even though we're divorcing, am I still supposed to get a part of the settlement?

Reader

Dear Reader:

In Florida, spouses have a right to file a claim for loss of consortium when the other spouse suffers a personal injury such as an automobile accident. Consortium is defined as more than just a sexual relationship between spouses. It refers to past and future losses which include the comfort and enjoyment of each other, increase in chores or responsibilities of the non-injured spouse, limitations on physical and social activities and so forth.

In general, the non-injured spouse's goal is to recoup monetary damages for his/her losses. The amount of damages is usually determined by a jury. They can also be a part of the settlement if the case doesn't reach trial. In some cases, the legal community has viewed loss of consortium as separate claims.

Reader, if you believe a settlement has been made, now is the time to request your attorney to research the issue. Your attorney will be able to determine, after his investigation, if your future ex-husband's settlement included any loss of consortium claim for you.

If you have a legal issue on your mind, write me at info@legaldigestonline.com or PO Box 5555, Tallahassee, Fl. 32314.