Legal Question in Personal Injury in New York
settlement award
ve received an insurance settlement offer from a car accident of this year.My attorney tells me that my husband must sign the release agreement and that the check the law office sends to me will be payable to my husband as well because I am married. The attorney tells me this is state law, even though my husband was not involved in the accident/surgery at all, and I am the only one who signed papers with the law office when hiring them. Is it indeed a state law that my husband must sign, and that the check must be payable to us both?
3 Answers from Attorneys
Re: settlement award
It is likely your husband had a derivative claim for lost services, and was included in the caption of your lawsuit. That would be good practice on the part of your attorney. If so, his signature is required on settlement papers. You may decide between the two of you how you want the money divided, and inform your attorney so separate checks can be prepared. Best, M. E. Zuller
Re: settlement award
It is likely your husband had a lost services claim and was included in the caption of the lawsuit. This would be good practice on the part of your attorney. If so, his signature is required on settlement papers. The two of you may decide how you want to divide the money and inform your lawyer so separate checks can be prepared. Best, M. E. Zuller
Re: settlement award
Unless your husband also retained the lawyers, it was presumtive of them to name him in the lawsuit.Unless the settlement amount was broken down for each of you, you will now have to work out an agreement.Good luck.
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