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