The PI case was dismissed by jury and filed on appeal. The parties were divorced shortly after the trial but during the pending PI appeal. Plaintiff's attorney settled case for 200,000.00. Former husband, a “named plaintiff” was entitled to 1/3 of compensation award. The lawyer settled the case, got paid, and the former wife received the full compensation (67%) payout for both she and her former spouse. Former husband was never informed that the case settled and he did not receive his portion of the settlement The Former wife was issued a check intended for both spouses but kept all of the award. Question: Can the former husband sue the lawyer who failed to include him and/or obtain his consent to settle and agree? Is the ex-wife guilty of stealing his money? What legal remedies are available, who is liable, what type of attorney(s) needed to pursue recovery?
Was the former husband listed in the caption of the complaint? Did he sign a release in connection with the settlement? We're both names on the check? Lots more information is needed.
Are you saying you had an agreement to receive 1/3 of the recovery? If not, what do base that percentage on? The lawyer would not have been able to settle the matter without your name on the release so I'm not sure to what extent you didn't "agree" to the settlement. You may have a claim against your wife for conversion if a portion of the settlement was in fact intended for you. Any personal injury attorney should be able to give you guidance on these issues. You should consider consulting with one as soon as possible.
If the lawyer settled your case without your consent to settle, then report that misconduct. What remedies might be available depend on many added facts your post does not reveal
Some confusion in information provided. I assume you were named for a loss of services claim. I don't know why you think you were entitled to one third. In any event if you were a named plaintiff and if a devorce agreement or decree doesn't provide otherwise you should have been included on the release exchanged in settlement of the claim. I would start by calling your matrimonial attorney.
I'm assuming you were not injured in the underlying accident and that yours was a derivative claim (lose of consortium.) If the settlement amount was 100% for your wife's pain and suffering, you would not be entitled to any of that money nor would your consent be needed for the settlement. The only way you would have any type of claim against the lawyer and/or your wife is if part of the settlement money was designated for your derivative claim ( if indeed it survived the divorce at the time of appeal.) This I doubt. I would think the value of your claim went down to zero once the case was dismissed and then you divorced. You can simply clear this up by calling the lawyer and asking what happened to your derivative claim.
Belal Ghaleb HamidehPersonal Injury LawyerHarbor City, CA ·
I think you should contact the ex-wifes lawyer and ask. If you are not satisfied with his recommended course of action, you may want to consult with a malpractice attorney or contact your local State Bar. Good luck.
Wow, this is a good one. This would make a good law school exam question. Hey wait a minute. Is it? Well assuming that it is not, the first thing to determine is how it was determined that the former husband was "entitled" to 1/3 of the award, e.g was there a court order or settlement agreement, memorandum of understanding, etc. Next, since the husband was a "named Plaintiff" that implied he was represented. If he was represented by the same lawyer who represented the wife, then there was a conflict of interest when the parties got divorced, and the lawyer should have disclosed that and advised the husband to get his own representation. So, assuming the necessary proof can be garnered, then there very well could be a cause of action against the attorney, an enforcement proceeding could be brought against the ex-wife and the former husband needs a lawyer experienced in both personal injury litigation and divorce law.
If you were a named plaintiff in the lawsuit, then your written consent to settle the case would most certainly have been required by the insurance carrier that paid the $200k. Check with a reputable attorney who practices personal injury law to learn what rights you have.
