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My friends wife filed a medical malpractice suit with m also…

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My friends wife filed a...
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: 2 years ago.Category: Family Law
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Answered in 21 minutes by:
2/19/2016
Family Lawyer: Asad Rahman, Lawyer replied 2 years ago
Asad Rahman
Asad Rahman, Lawyer
Category: Family Law
Satisfied Customers: 2,575
Experience: Practicing Attorney with 10 years experience
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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.

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Customer reply replied 2 years 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?
Family Lawyer: Asad Rahman, Lawyer replied 2 years ago

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

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Family Lawyer: Asad Rahman, Lawyer replied 2 years 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.

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Customer reply replied 2 years ago
But they filed the lawsuit together? He has to agree to any settlement she takes?
Customer reply replied 2 years 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
Family Lawyer: Asad Rahman, Lawyer replied 2 years ago

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

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Family Lawyer: Asad Rahman, Lawyer replied 2 years ago

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

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Family Lawyer: Asad Rahman, Lawyer replied 2 years ago

If there are any other questions let me know.

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