Can the spouse of an individual injured in an accident file a personal injury claim? 50 Answers as of June 19, 2013

If my spouse (truck driver) was hit by a car and has sustained a back injury and is unable to perform normal daily tasks in addition to him not being able to sleep, would I be able to file a suit against the driver's (who was at fault) insurance company?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Bulman Law Associates PLLC Injury Law Firm
Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
A spouse can claim loss of consortium/enjoyment of life losses, however, unless the spouse is required to provide hospice level care, most Montana juries don't like these claims and may reject the claim entirely. It is a case by case call of your attorney.
Answer Applies to: Montana
Replied: 10/5/2011
Attorneys Gonzales & Gonzales
Attorneys Gonzales & Gonzales | Marissa Gonzales
You may have a loss of consortium claim regarding yourself.
Answer Applies to: Texas
Replied: 6/19/2013
Patrick M Lamar Attorney
Patrick M Lamar Attorney | Patrick M Lamar
Yes, there is a loss of consortium claim. However, their value is questionable in most cases.
Answer Applies to: Alabama
Replied: 9/30/2011
Kirshner & Groff
Kirshner & Groff | Richard M. Kirshner
As part of her claim.
Answer Applies to: Florida
Replied: 6/19/2013
Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
You have what is called a "loss of consortium" claim.
Answer Applies to: Connecticut
Replied: 9/30/2011
    The S.E. Farris Law Firm
    The S.E. Farris Law Firm | Spencer E. Farris
    Probably not directly. Your claim for loss of consortium is a derivative claim. This means that it rides with his case. If he settles his claim, yours is settled as well, as a practical matter. However, your losses can be claimed along with his in his case.
    Answer Applies to: Missouri
    Replied: 9/29/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    As a spouse you have a claim by virtue of your husband's injuries as to the loss of companionship, services, etc. A claim should be filed for your husband and you.
    Answer Applies to: New Jersey
    Replied: 9/29/2011
    Wooten, Kimbrough & Normand, P.A.
    Wooten, Kimbrough & Normand, P.A. | Orman Kimbrough, Esq.
    In Florida, the spouse of an injured person also has a claim which is referred to as a consortium claim. Frequently, the claim is dealt with at the same time as the injured persons claim, but it is a separate and distinct claim. Your claim is measured with your distinct losses and can be handled separately, including filing suit against the at fault person; however, it may be in your best interest to pursue it along with your husband's claim. Consulting with an attorney would be advisable to explain your particular rights and damages.
    Answer Applies to: Florida
    Replied: 9/29/2011
    Ramunno & Ramunno, P.A.
    Ramunno & Ramunno, P.A. | Lawrence A. Ramunno
    Yes, the spouse can file a loss of consortium claim.
    Answer Applies to: Delaware
    Replied: 9/29/2011
    Buttafuoco & Associates | Buttafuoco & Associates
    It is difficult to give an accurate evaluation of your case based on the limited information provided.
    Answer Applies to: New York
    Replied: 6/19/2013
    Robinson & Geraldo
    Robinson & Geraldo | Manuel Geraldo
    Yes.
    Answer Applies to: District of Columbia
    Replied: 6/3/2013
    Dwyer, Black & Lyle, LLP
    Dwyer, Black & Lyle, LLP | Kevin Habberfield
    You likely have a derivative claim for loss of consortium or services. Go see a personal injury attorney.
    Answer Applies to: New York
    Replied: 9/29/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    If your husband's injuries are sufficient to meet the no-fault thresh hold, then he should file suit, and in that suit there would be a claim for loss of consortium for you, assuming you are still married and living together.
    Answer Applies to: Michigan
    Replied: 9/29/2011
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    The husband is the aggrieved and injured party and should initiate aclaim or litigation. However, he mayinclude in his recovery a loss of consortium, if that is the case.
    Answer Applies to: Indiana
    Replied: 9/29/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    No but you can file for loss of consortium (mainly inability to perform sexually, but also such considerations as lack of affection etc, the normal relationships of husband and wife) But not household chores or labor as you seem to suggest.
    Answer Applies to: North Carolina
    Replied: 9/29/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    You can file a lawsuit against the other driver. Your wife's worker comp carrier will have a claim against any benefits paid.
    Answer Applies to: Pennsylvania
    Replied: 9/29/2011
    Law Office of J. Michael Gatien
    Law Office of J. Michael Gatien | J. Michael Gatien
    The spouse has a claim for loss of marital consortium or interference with the marital relationship. both claims are usually pursed together.
    Answer Applies to: Ohio
    Replied: 9/29/2011
    Garruto & Calabria, LLC
    Garruto & Calabria, LLC | Andrew F. Garruto
    Yes, you have a claim that derives from your husband's personal injury claim, and your claim is called a per quod claim. Here is only a portion of the applicable law from the model civil jury charges for this type of claim: A husband/wife is entitled to the services of his/her spouse in attending to the household duties, to companionship and comfort, and consortium, that is, marital relations. A plaintiff who is awarded a verdict is entitled to fair and reasonable compensation for any loss of impairment of his or her spouse's services, society or consortium because of injuries sustained by him or her as a proximate result of the defendant's negligence (or other wrongdoing). Damages may be awarded not only for total loss of services but for a worsening of their quality. [If appropriate the judge may charge,] Damages may include but are not limited to out of pocket expenses incurred in engaging the services of others to perform household duties previously attended to by his or her spouse.
    Answer Applies to: New Jersey
    Replied: 9/29/2011
    R. D. Kelly Law Firm, P.L.L.C.
    R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
    The law refers to the claim of a spouse in your kind of situation as "loss of consortium".
    Answer Applies to: Washington
    Replied: 9/29/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    No one sues the insurance company in this situation. Talk to your husband's attorney about a loss of consortium action.
    Answer Applies to: California
    Replied: 9/29/2011
    Law Office of Ronald Arthur Lowry
    Law Office of Ronald Arthur Lowry | Ronald Arthur Lowry
    Yes. Your claim for an injury to your spouse is called loss of consortium and is limited in scope. His claim is the main claim and can be separate from yours or can be brought jointly with yours, which is the usual way it is done.
    Answer Applies to: Georgia
    Replied: 9/29/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Yes. You have what is called a derivative claim for loss of services. It is usually asserted in the same case as your injured spouse's claim and when the case is settled, it is typically waived.
    Answer Applies to: New York
    Replied: 9/29/2011
    Law Office of Dean B. Gordon
    Law Office of Dean B. Gordon | Dean B. Gordon
    If you are legally married, you may be able to file suit against the negligent driver for loss of consortium. However, there may be limitations regarding insurance or strategic reasons for not doing so. For example, if the physically injured spouse does not have serious permanent injuries, it may look like the non-injured spouse is being greedy. This is only general advice and does not constitute the creation of an attorney-client relationship.
    Answer Applies to: California
    Replied: 9/29/2011
    Law Office of Mark P. Miller | Mark Miller
    You can't file the lawsuit, but your spouse can, unless your spouse died then you have a Wrongful Death case. You would have a claim for loss of consortium, but it stems through his legal action.
    Answer Applies to: Colorado
    Replied: 9/29/2011
    Law Offices of Richard Copeland, LLC
    Law Offices of Richard Copeland, LLC | Richard Copeland
    You can't sue the insurance company, but you can sue the driver. The spouse of one who is injured by the negligence of another can have what is called a loss of consortium claim.
    Answer Applies to: Colorado
    Replied: 9/29/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Not exactly. A spouse can have what is known as a consortium claim if the injured spouse has a suit. In Michigan, you can only sue the driver, not their insurance company.
    Answer Applies to: Michigan
    Replied: 9/29/2011
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    Yes: you have what is called a "derrivative cause of action"; you can only collect for your loss such as the value of his household services and loss of consortium
    Answer Applies to: New York
    Replied: 9/29/2011
    THE LAMPEL FIRM
    THE LAMPEL FIRM | ERIC LAMPEL
    Yes, for loss of consortium (i.e., loss of sex, companionship, household help, etc.). you should both make claims. Thank you
    Answer Applies to: California
    Replied: 9/29/2011
    Tenge Law Firm, LLC
    Tenge Law Firm, LLC | J. Todd Tenge
    Yes. This is called a "loss of consortium" claim and it is a derivative claim from your husband's injury claim. You can claim (and, hopefully recover) damages for loss of companionship, help around the house, relationship losses and difficulties, and the like.
    Answer Applies to: Colorado
    Replied: 9/29/2011
    Chalat Hatten Koupal & Banker PC
    Chalat Hatten Koupal & Banker PC | Linda Chalat
    Your question is unusual because it is the injured victim who has the right to sue, and his inability to contribute to the household and his poor sleep are both elements of his damages. You, as his spouse, may have a loss of consortium claim, the loss of his company and help around the house as well as compensation for any negative impact on your physical relationship. Typically those claims would be brought in the complaint filed by you and your husband, and if your husband is contemplating filing a lawsuit then you should file together. A claim for loss of consortium is a derivative claim, but it also is a separate claim that creates a distinct cause of action which you can file.
    Answer Applies to: Colorado
    Replied: 9/29/2011
    The Kelly Law Firm, P.C.
    The Kelly Law Firm, P.C. | L. Todd Kelly
    Usually, you would file that claim along with your husband. Your claim is derivative of his, so bringing it separately is normally not advantageous, but bringing it together may be. Thanks,
    Answer Applies to: Texas
    Replied: 9/29/2011
    Law Firm of Nicholas George
    Law Firm of Nicholas George | Nicholas George
    Yes, she can. You may very well sue for loss of consortium. This assumes your sex life has been adversely affected. Also, other causes of action may be appropriate for you.
    Answer Applies to: Washington
    Replied: 9/29/2011
    AyerHoffman, LLP
    AyerHoffman, LLP | David C. Ayer
    There is a cause of action called "loss of consortium" which is available when a spouse, parent, or child is injured or killed and the spouse/child/parent is deprived of that person's companionship, love, and support. It is often used where a spouse's injury impairs sexual relations, but is validly applicable in many other situations. Whether your specific situation supports the claim is fact dependent and best determined by a civil litigation or personal injury attorney. ****************
    Answer Applies to: Massachusetts
    Replied: 9/29/2011
    The Law Office of Eric R. Chandler, P.C., L.L.O.
    The Law Office of Eric R. Chandler, P.C., L.L.O. | Eric R. Chandler
    The main claim is your husband's; however, depending on the severity of your husband's injury, you may have a claim for loss of consortium.
    Answer Applies to: Nebraska
    Replied: 9/29/2011
    The Law Firm of Shawn M. Murray
    The Law Firm of Shawn M. Murray | Shawn M. Murray
    You have your own separate claim, called Loss of Consortium, if your husband's injury causes your sexual relationship to suffer. Typically, that claim is asserted in the same lawsuit along with the injured spouse's personal injury claims.
    Answer Applies to: Louisiana
    Replied: 9/29/2011
    Oliver Law Office
    Oliver Law Office | Jami Oliver
    Ohio allows compensation for loss of consortium when a spouse is injured. However, the claim is derivative, which means it arises out of the injury of your husband. The cases should be filed together or if it is only the claim stage, the claims should be made together, although technically they could be paid separately once the value of the claim is established by either the parties or the court.
    Answer Applies to: Ohio
    Replied: 9/29/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    You have a loss of consortium claim. These claims are usually valuable only if your spouse has serious, debilitating injuries.
    Answer Applies to: Oregon
    Replied: 9/29/2011
    Rose, Senders & Bovarnick, LLC
    Rose, Senders & Bovarnick, LLC | Paul S. Bovarnick
    You may have a claim for loss of consortium, but such claims are not usually worth enough to justify unless they are part of your husband's claim.
    Answer Applies to: Oregon
    Replied: 9/29/2011
    Parks Law Group
    Parks Law Group | Melinda J. Parks
    Sometimes the spouse of an injured person can file a loss of consortium claim along with the personal injury claim filed by the injured party.
    Answer Applies to: Alabama
    Replied: 9/29/2011
    Law Offices of Steven A. Fink
    Law Offices of Steven A. Fink | Steven Alan Fink
    Yes. You have a claim for loss of consortium.
    Answer Applies to: California
    Replied: 9/29/2011
    Sargent Law Firm
    Sargent Law Firm | Ryan Sargent
    The spouse would have a claim for what is called loss of consortium. This claim would be added to the husbands claim. You don't necessarily have to file a lawsuit to obtain compensation for both husband and wife. An experienced personal injury attorney may be able to recover a settlement without a lawsuit.
    Answer Applies to: California
    Replied: 9/29/2011
    Eftekhari Law Offices
    Eftekhari Law Offices | Ehsan Eftekhari
    Yes.
    Answer Applies to: Illinois
    Replied: 6/3/2013
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.
    Answer Applies to: Illinois
    Replied: 9/29/2011
    Craig Kelley & Faultless
    Craig Kelley & Faultless | David W. Craig
    As the spouse of someone who was injured by another person's negligence you would have a consortium claim. Typically this is thought of as the loss of love and affection claim. Obviously when a spouse is injured it affects his or her spouse and the law recognizes this. This claim is usually brought with the spouses claim.
    Answer Applies to: Indiana
    Replied: 9/29/2011
    The Law Office of Josh Lamborn, P.C.
    The Law Office of Josh Lamborn, P.C. | Josh Lamborn
    Are you able to physically go to the courthouse and file his lawsuit: Yes. Are you able to act as his lawyer and file it on his behalf: Not unless you are a lawyer. Are you able to file a lawsuit on your own behalf for damages you suffered as a result of your husband's injury: Yes, if you have any (Loss of consortium). Are you able to file it against the truck driver's insurance company: No, you would file it against the driver and his company. The insurance company would be contractually obligated to defend and indemnify the driver.
    Answer Applies to: Oregon
    Replied: 9/29/2011
Click to View More Answers:
12 3 4 5 6 7 8 Free Legal QuestionsConnect with a local attorney