My lawyer just settled my personal injury lawsuit, is my spouses name required as one of the payees?
filed a personal injury lawsuit four years ago. my lawyer just informed me that they settled. I received a "General Release" form in the mail for me and my spouse to sign. My spouse isn't the one who filed the lawsuit, and my concern is that her name will be on the check as one of the payees.Answer by tex
you have a lawyer and youre asking in yahoo answers?...ASK UR LAWYER
Answer by BR
Generally, if you were married to her at the time of the accident and are still married to her now, the insuring company will want her name on the check.
The exception is when the statute of limitations on her filing an individual claim has expired.
Answer by mommanuke
Yeah, I agree, ask your lawyer. Thing is, there are a couple of sides to the question. Technically, if she was not a party to the lawsuit, her signature shouldn't be required. But if your state has community property laws, if might be required. And the release is to make sure she doesn't go back later and file a suit on her own behalf for the effects of your injuries.
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Losing a Loved One: A Family's Guide to Illinois Wrongful Death Lawsuits
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The sudden loss of a family member in an accident leaves the survivors asking questions that they never considered before. In this important guide for survivors, Chicago personal injury lawyer Barry G. Doyle answers several questions for those who have been left behind:
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Losing a Loved One: A Family's Guide to Illinois Wrongful Death Lawsuits
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Qualifications For A Personal Injury Lawsuit?
Article by Penelope Stone
When a person has been injured in an accident they may wonder if they are entitled to file a personal injury lawsuit. An injured person should have an attorney experienced in personal injury law evaluate their case to determine if another person was at fault and whether they have a viable personal injury lawsuit. When meeting with a personal injury attorney an injured person will learn if their case qualifies as a personal injury lawsuit.
Basic Qualifications For In a Personal Injury LawsuitTo begin a personal injury attorney is going to need to determine what type of injury the person has sustained. The injuries may be physical, psychological and emotional. After the injuries have been established a viable personal injury lawsuit must have been caused by another person or entity's negligence. In addition to the accident being caused by another person that person must have had a legal duty to exercise reasonable care and have violated that duty.
Not All Injuries Qualify For a Personal Injury LawsuitEven if the personal injury attorney has determined there was an injury and another person breached their duty to exercise reasonable care and caused the injuries some cases may not qualify as a viable personal injury lawsuit. Each state has different criteria as to what is considered grounds for a personal injury lawsuit and not all injuries meet those criteria.
Meeting With a Personal Injury AttorneyAn injured person should meet with an attorney that specializes in personal injury lawsuits as soon as possible. There are often time limits to filing a personal injury lawsuit and evidence of the incident should be gathered as soon as possible. An injured person should gather all evidence they have pertaining to their injuries such as medical records, expenses, and accident reports. Many personal injury attorneys will offer a free consultation to evaluate an injured person's case.
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