QUESTION
Can I sue for my losses, pain and suffering?
Asked on Apr 10th, 2013 on Automobile Accidents - California
More details to this question:
My husband was in an auto accident, was not his fault. He has been out of work since November 2012. He had surgery do the accident and now the Lawyers are dragging there feet and taking their sweet time with the case. I am now loosing my place to live, I do not make enough money myself to cover all the bills not mention the out of pocket expenses. I am wondering if I can sue for my losses and pain and suffering.
9 ANSWERS
Municipal Law Attorney serving Paw Paw, MI
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Mark A. Manning, P.C.
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In Michigan in order to maintain a cause of action or claim for pain and suffering your husband's injuries must consist of serious impairment of bodily function and or serious and permanent disfigurement. Personal injury claims take time. If you are frustrated with the speed the case is moving, have your husband contact his Attorney for an appointment to discuss the case face to face. Listen carefully to the Attorney there maybe very practical reasons why the case is taking a period of time. Remember however there is a three year statute of limitation from the date of the accident within which the case must be filed in Court or it will be time barred.
Answered on Apr 11th, 2013 at 2:14 PM
Ronald A. Steinberg
No. You were not the injured party.
Answered on Apr 11th, 2013 at 12:56 AM
Lisa Hurtado McDonnell
It seems the lawsuit would be your husbands, since your we're not injured and therefore you're not entitled to pain and suffering.
Answered on Apr 11th, 2013 at 12:27 AM
NA richard@jandjlaw.com
You need to consult with a personal injury lawyer in your area.
Answered on Apr 10th, 2013 at 8:29 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You don't have a claim for anything. I have no idea what kind of claim your husband has but instead of talking ugly about your lawyer why don't you sit down with him and find out where the case is. it may be a bad case. it may be no case at all. it may be a bad case and they are trying to squeeze something out of the insurance co.; they get paid when you do and there is no reason on Gods green earth why they would ":drag their feet" quit trying to blame your lawyer and try to settle your case if you can.
Answered on Apr 10th, 2013 at 8:08 PM
Yes, you may have a case for loss of consortium and other things.
Answered on Apr 10th, 2013 at 12:58 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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If you were not in the crash and did not suffer a direct personal injury, your only possible claim would be for loss of consortium based on the injuries to your husband and how they effected you, if they did. Such claims derive from the injured person's claim, and that means you would usually have to share in any recovery which is usually limited by the amount of insurance purchased by the at fault party. Further, the consortium claims will usually only receive a small portion of such liability limits.
Answered on Apr 10th, 2013 at 12:58 PM
James Eugene Hasser
In Alabama, a spouse has a potential claim for loss of consortium when his or her spouse is injured. You may or may not want to bring such a claim. Talk to the lawyers handling the accident case for their opinions. You may need to seek independent legal advice, though, as there is the potential for a conflict of interest as between your claim and that of your husband's. For instance, your claims may be competing for a limited amount of insurance.
Answered on Apr 10th, 2013 at 12:56 PM
Medical Malpractice Attorney serving San Diego, CA
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The Law Offices of Ajay Kwatra
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Yes.
Answered on Apr 10th, 2013 at 12:55 PM