QUESTION
Can the spouse of an individual injured in an accident file a personal injury claim?
Asked on Sep 28th, 2011 on Personal Injury - California
More details to this question:
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?
30 ANSWERS
3 Awards
Yes.
Answered on Jun 03rd, 2013 at 2:18 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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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.
Answered on Oct 05th, 2011 at 10:58 AM
Personal Injury Attorney serving St. Louis, MO
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The S.E. Farris Law Firm
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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.
Answered on Sep 29th, 2011 at 12:50 PM
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.
Answered on Sep 29th, 2011 at 12:09 PM
Personal Injury including Litigation Attorney serving Wilmington, DE
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Ramunno & Ramunno, P.A.
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Yes, the spouse can file a loss of consortium claim.
Answered on Sep 29th, 2011 at 12:06 PM
Personal Injury Attorney serving Orlando, FL
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Wooten, Kimbrough, Damaso & Dennis, P.A.
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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.
Answered on Sep 29th, 2011 at 11:58 AM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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You likely have a derivative claim for loss of consortium or services. Go see a personal injury attorney.
Answered on Sep 29th, 2011 at 11:38 AM
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.
Answered on Sep 29th, 2011 at 10:50 AM
Steven D. 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.
Answered on Sep 29th, 2011 at 10:44 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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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.
Answered on Sep 29th, 2011 at 10:41 AM
Personal Injury Attorney serving Marietta, GA
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Law Office of Ronald Arthur Lowry
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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.
Answered on Sep 29th, 2011 at 9:43 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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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.
Answered on Sep 29th, 2011 at 9:05 AM
Products Liability Attorney serving Durango, CO
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Law Offices of Richard Copeland, LLC
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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.
Answered on Sep 29th, 2011 at 8:13 AM
Criminal Law Attorney serving Centennial, CO
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Law Office of Mark P. Miller
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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.
Answered on Sep 29th, 2011 at 8:12 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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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.
Answered on Sep 29th, 2011 at 7:49 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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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
Answered on Sep 29th, 2011 at 7:42 AM
2 Awards
Yes, for loss of consortium (i.e., loss of sex, companionship, household help, etc.). you should both make claims. Thank you
Answered on Sep 29th, 2011 at 7:41 AM
Consumer Law Attorney serving Denver, CO
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Chalat Hatten & Banker PC
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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.
Answered on Sep 29th, 2011 at 7:33 AM
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. ****************
Answered on Sep 29th, 2011 at 7:30 AM
New User
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.
Answered on Sep 29th, 2011 at 7:13 AM
2 Awards
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.
Answered on Sep 29th, 2011 at 5:27 AM
Personal Injury Attorney serving Omaha, NE
Partner at
Chandler Conway, P.C., L.L.O.
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.
Answered on Sep 29th, 2011 at 5:26 AM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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You have a loss of consortium claim. These claims are usually valuable only if your spouse has serious, debilitating injuries.
Answered on Sep 29th, 2011 at 5:26 AM
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.
Answered on Sep 29th, 2011 at 5:25 AM
Real Estate Litigation Attorney serving Newport Beach, CA
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Fink & Abraham LLP
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Yes. You have a claim for loss of consortium.
Answered on Sep 29th, 2011 at 5:24 AM
Automobile Accidents Attorney serving Portland, OR
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The Law Office of Josh Lamborn, P.C.
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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.
Answered on Sep 29th, 2011 at 5:11 AM
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 Sep 29th, 2011 at 5:10 AM
Truck Accidents Attorney serving Indianapolis, IN
Partner at
Craig, Kelley and Faultless LLC
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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.
Answered on Sep 29th, 2011 at 5:10 AM
2 Awards
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.
Answered on Sep 29th, 2011 at 5:09 AM