Legal Question in Personal Injury in New York

Settleing a lawsuit

On 1-23-98 my wife was hit head on by a drunk driver. His insurance company agreed to pay the amount of the policy which is $50,000. After atorney fees the amount comes to $33,000. At the time of the accident and the filing of the suit my wife and i were still living together. We seperated last August although no legal seperation or divorce have been filed. Both of our names were put on the lawsuit. I recieved a release form from her attorney saying I will release the other driver for $1.00. Is this standard practice for something like this. Her attorney said a fair settlement to me woukld be 10% of the $33,00. Is this all I am entitled to? What about making this settlement a part of a divorce settlement? Please help. Thank you and God bless.


Asked on 5/06/01, 8:28 am

2 Answers from Attorneys
Robert R. Groezinger GroezingerLaw P.C.

Re: Settleing a lawsuit

Hello--

tHERE IS NOTHING TO FORCE YOU TO SIGN THE RELEASE--SIMILARLY, YOU mAY TAKE THE MATTER TO TRIAL. MENTION IT TO YOUR DIVORCE ATTORNEY SO THAT YOU ARE PROTECTED.

GOOD LUCK

RRG

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Answered on 6/21/01, 1:43 pm
Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

Re: Settleing a lawsuit

Generally, in NY, the proceeds of a personal injury suit are separate property. However, since your name was on the suit, at least part of the settlement should belong to you.

You should not sign the release without having it reviewed by an attorney. Do not sign away your rights to an equitable portion of the settlement.

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Answered on 6/20/01, 3:07 pm


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