QUESTION
Can I get a separate attorney for a consortium?
Asked on Mar 14th, 2013 on Personal Injury - New York
More details to this question:
My husband has a big accident case. My children and I have a consortium.
11 ANSWERS
Edwin K. Niles
Yes.
Answered on Mar 15th, 2013 at 2:26 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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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.
Answered on Mar 15th, 2013 at 11:51 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Children do not have consortium claim. Spouses do but they are usually handled along with the claim in chief. Have you talked with your husbands atty? I suppose you can get your own if you insist but if you and the husband don't get along well enough to share a lawyer you may not have much basis for a consortium claim talk to a lawyer so you might know what you are doing or attempting to do.
Answered on Mar 15th, 2013 at 10:25 AM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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Yes, you are free to retain a separate lawyer for your consortium claims, but depending on the case, you may not be able to find one who is willing to pursue a consortium-only claim for you.
Answered on Mar 15th, 2013 at 10:25 AM
James Eugene Hasser
Not only can you get a lawyer, but you should, unless your husband's lawyer feels for some reason that a separate claim for consortium (which is exclusively yours, by the way) would hurt the main case or there is not enough insurance to pay the both of you. The children do not have a separate claims. You may want to use husband's lawyer, but if you do he/she will probably get you to sign a conflict waiver. I typically do not bring consortium claims unless the injuries are catastrophic and there's enough insurance coverage such that the husband and wife won't be fighting over the same pot of money. Talk with your husband's lawyer about it. Good luck.
Answered on Mar 15th, 2013 at 10:24 AM
Michael Eric Wasserman
The answer is yes.
Answered on Mar 15th, 2013 at 10:23 AM
Ronald A. Steinberg
Yes, but why? Are you separated, or planning to be? If so, then you probably should get your own lawyer. However, the claim of a non-injured spouse is not usually worth very much money unless you are the care-giver for someone paralyzed or otherwise significantly injured.
Answered on Mar 15th, 2013 at 10:23 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Although it is not generally necessary as your husband's attorney can handle the main injury claim, as well as the derivative claims, you are certainly free to hire counsel for your/your children's derivative claims.
Answered on Mar 15th, 2013 at 10:23 AM
Workers Compensation Attorney serving Oakland, CA
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Farber & Foote, LLP
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It is an independent cause of action that belongs to you. Although not done often, I do believe you can get your own attorney for the claim.
Answered on Mar 15th, 2013 at 10:23 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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You certainly can, but why would you want to? I'd discuss it at length with the attorney handling the case before you go out and hire another attorney.
Answered on Mar 15th, 2013 at 10:22 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You can, but you should only do so if you are in the process of getting divorced.
Answered on Mar 15th, 2013 at 10:22 AM