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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 99428
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I was in a Levaquin lawsuit I filed in 2009. My husband signed

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I was in a Levaquin lawsuit I filed in 2009. My husband signed with me as a plaintiff in case of my demise. I am divorced and it was not brought up in our divorce decree. It has come to fruition and he wants 50/50. I am the injured party and the one who lost wages from work. Do you know the percentage he should get from the settlement? Divorced in GA
Hello "Divorced in GA." My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Can you please clarify what you mean by "plaintiff in case of my demise?"

Did he sign on as a (1) separate Plaintiff, or, did he sign on as (2) the party that may pursue this on behalf of the estate?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 3 years ago.

Well, he was told to sign as a plaintiff in the case in the event I passed away. So, we are both plaintiffs in the case against Johnson and Johnson for my injuries. We are both named on the case as plaintiffs against Johnson and Johnson. I had to have surgery for my tendon tears from using Levaquin. He was not injured or took Levaquin, he was simply my husband and signed. It is not written that it was in case of my demise. It was just suggested by the lawyer that he sign.

Thank you.

In this case, he cannot ask for any percentage. He is not a 'real' Plaintiff. He simply had interest to represent the estate in this matter if you should pass, or, maybe stands as a possible 'loss of consortium' Plaintiff. In any case, he cannot get any percentage of your award.

Finally, under Georgia law, Court awards/settlements are inherently separate property only. Bailey v. Bailey, 250 Ga. 15, 295 S.E. 2d 304 (1982).

So simply because he is asking does not mean that he is entitled to it. Someone in your situation may just ignore him - there is nothing that he can really do.

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Customer: replied 3 years ago.

I am so sorry to bug you, but he was named in the lawsuit with me on the papers that were filed. Does this still mean he has no rights to the settlement? He is listed as a plaintiff too,even though he was not injured.

Hello friend,

You are not bugging me at all!

That makes no sense - I do not see how he would be listed as a Plaintiff if he was not injured. One cannot be listed as a Plaintiff unless he was injured - one does not become a Plaintiff by family relations.

If he was listed on the paperwork, he may have been listed wrongly. In any case, if he is a plaintiff (unlikely), then he should receive his own award from the Defendant.

If he pursues the matter still, you may wish to file a Motion for Clarification in family court to have the Judge clarify who gets what, but likely, the Court will confirm that he gets nothing from yours settlement.

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