How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Attorney
Category: Personal Injury Law
Satisfied Customers: 1739
Experience:  Practicing Attorney with 10 years experience
91018665
Type Your Personal Injury Law Question Here...
Asad Rahman is online now
A new question is answered every 9 seconds

My friends wife filed a medical malpractice suit with m also

Customer Question

My friends wife filed a medical malpractice suit with him also on the suit for loss of consortium. After the lawsuit was filed she then filed for divorce. They resolved the financial issues but she never filed the divorce. The medical malpractice suit was never mentioned in the financial agreement which from what I understand usually is. She is now ready to accept an out of court settlement which he must agree to also. She has asked numerous times for him to remove himself from the suit "because the court won't award you any money". If she accepts an out of court settlement what would he be entitled to if anything? His name is ***** ***** the lawsuit. Also what if she finalizes the divorce prior to accepting the settlement would that change things? Thank you.
Submitted: 9 months ago.
Category: Personal Injury Law
Expert:  Asad Rahman replied 9 months ago.

If she accepts a settlement after the divorce then he would most likely not be able to claim a portion hkwever if the divorce is still pending the money does become part of the marital estate. She might consider filing a motion to dismiss him from the malpractice suit as he has no basis for his claim now.

Customer: replied 9 months ago.
But it's an out of court settlement. Wouldn't the check be to both of them seeing they are both on the lawsuit? If so what then?
Expert:  Asad Rahman replied 9 months ago.

They are separate plaintiffs. They can settle with her but not him.

Expert:  Asad Rahman replied 9 months ago.

The other alternative is to have the judge overseeing the divorce explicitly order that any money obtained in the malpractice lawsuit is hers. I think he would likely comply as the husband's only claim in the lawsuit is based on his marriage to her.

Customer: replied 9 months ago.
But they filed the lawsuit together? He has to agree to any settlement she takes?
Customer: replied 9 months ago.
But the financial portion of the divorce has already been filed with the court and nothing was mentioned about the lawsuit. So the financial part is done isn't it
Expert:  Asad Rahman replied 9 months ago.

Perhaps we can talk via phone for an additional charge. It might be better for communications.

Expert:  Asad Rahman replied 9 months ago.

If it has not been filed and since this issue remains open it would be best to have the divorce decree address it.

Expert:  Asad Rahman replied 9 months ago.

If there are any other questions let me know.