If I am the significant other of a motorcycle victim, am I eligible for a claim against the person or insurance that hit him? 23 Answers as of May 02, 2013

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Evan M. Himfar
Evan M. Himfar | Evan M. Himfar
Yes, if you're legally married you may have a loss of consortium claim. Loss of consortium claims covers more than a sexual relationship between spouses. A victim may be entitled to pursue compensation for any of the following: Loss of affection, Loss of companionship, Loss of emotional support and care, Loss of services, such as household chores or caring for children.
Answer Applies to: California
Replied: 5/2/2013
Hone Law Firm
Hone Law Firm | John S. Hone
If you are married, you have a consortium claim. If you are taking care of the injured party, you may be able to get attendant care pay for taking care of him depending on the facts and circumstances.
Answer Applies to: Michigan
Replied: 5/2/2013
WARM SPRINGS LAW GROUP | Elliott D. Yug
If you are married yes. It becomes murkier if you are not.
Answer Applies to: Nevada
Replied: 5/2/2013
Gary L. Platt, Attorney at Law | Gary Platt
Unless the law in California has recently changed, only a legal spouse of an injured person can recover for what is called "loss of consortium" damages (damages for the loss of a legal spouse's companionship while seriously injured).
Answer Applies to: California
Replied: 5/1/2013
John Russo | John Russo
What were there injuries?
Answer Applies to: Rhode Island
Replied: 5/2/2013
    Lawrence Kahn Law Group, P.S.
    Lawrence Kahn Law Group, P.S. | Lawrence Kahn
    If you are married, you may have rights for loss of consortium. This may also apply to folks that are officially registered partners. However, short of that, the answer is "no" under Washington law.
    Answer Applies to: Washington
    Replied: 5/1/2013
    Gates' Law, PLLC | Thomas E. Gates
    Sorry, you need to be married to do so.
    Answer Applies to: Washington
    Replied: 5/1/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Nope. "significant others" ain't got no rights.
    Answer Applies to: North Carolina
    Replied: 5/1/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    Possibly. There is a potential cause of action for loss of consortium in Alabama. However, whether or not you want to make such a claim may be strategic. For instance, there may be only limited coverage, in which case the two of you would be fighting over the same pot of money. Presuming he has a lawyer, I would consult with him or her about the wisdom of making a claim.
    Answer Applies to: Alabama
    Replied: 5/1/2013
    Napier, Coury & Baillie, P.C.
    Napier, Coury & Baillie, P.C. | Lindsay Leavitt
    You would have to define "significant other". Are you a spouse, boyfriend etc. Spouses and children of accident victims are permitted to seek a claim against the adverse party.
    Answer Applies to: Arizona
    Replied: 5/1/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    I would have to look into the situation, however, generally a significant other at little or no claims for injury to their significant other.
    Answer Applies to: Michigan
    Replied: 5/1/2013
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    Not unless you were married at the time of the accident.
    Answer Applies to: Florida
    Replied: 5/1/2013
    Andrews & Sanders Law Office
    Andrews & Sanders Law Office | Richard A Sanders Jr
    If by significant other you mean spouse then you could have a claim for loss of consortium.Has the victim hired an attorney? If so then discuss your possible claim with them. Often times Insurance companies will try to lump the spouse into the victim's claim. If no then you both should contact an attorney and discuss your claims.
    Answer Applies to: Georgia
    Replied: 5/1/2013
    Henry Lebensbaum | Henry Lebensbaum
    If you are injured.
    Answer Applies to: Massachusetts
    Replied: 5/1/2013
    Matthew D Kaplan LLC
    Matthew D Kaplan LLC | Matthew D Kaplan
    If your significant other is severely permanently disabled you would have a claim for loss of consortium.
    Answer Applies to: Oregon
    Replied: 5/1/2013
    Koning & Jilek, P.C.
    Koning & Jilek, P.C. | Jonathan Neal Jilek
    It depends. You and the motorcyclist may have a claim.
    Answer Applies to: Michigan
    Replied: 5/1/2013
    Curry, Roby & Mulvey Co., LLC
    Curry, Roby & Mulvey Co., LLC | Bruce A. Curry
    If you are not married to the injured party and did not witness the accident, then you would have no right of recovery.
    Answer Applies to: Ohio
    Replied: 5/1/2013
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