QUESTION
If I am the significant other of a motorcycle victim, am I eligible for a claim against the person or insurance that hit him?
Asked on May 01st, 2013 on Personal Injury - Michigan
16 ANSWERS
John 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.
Answered on May 02nd, 2013 at 3:25 PM
Personal Injury Attorney serving San Diego, CA
at
Law Office of Evan M. Himfar
Update Your Profile
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.
Answered on May 02nd, 2013 at 3:03 AM
Insurance Attorney serving Seattle, WA
at
Lawrence Kahn Law Group
Update Your Profile
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.
Answered on May 01st, 2013 at 5:01 PM
Administrative Law Attorney serving Phoenix, AZ
at
Jennings, Strouss & Salmon, P.L.C.
Update Your Profile
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.
Answered on May 01st, 2013 at 5:01 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
Nope. "significant others" ain't got no rights.
Answered on May 01st, 2013 at 5:01 PM
Thomas Edward Gates
Sorry, you need to be married to do so.
Answered on May 01st, 2013 at 5:01 PM
James Eugene 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.
Answered on May 01st, 2013 at 5:00 PM
Ronald A. Steinberg
Not usually. Not married? No rights.
Answered on May 01st, 2013 at 5:00 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
I would have to look into the situation, however, generally a significant other at little or no claims for injury to their significant other.
Answered on May 01st, 2013 at 5:00 PM
NA richard@jandjlaw.com
Yes, in WA, it's known as a spousal loss of consortium claim/loss of love, companionship, services, society and consortium. The more severely injured your spouse is, the more your consortium claim is worth.
Answered on May 01st, 2013 at 5:00 PM
The married spouse of an injured person can claim loss of consortium [sexual relations] but those claims normally get dropped in any settlement. Since you are not married, you will not be able to claim anything.
Answered on May 01st, 2013 at 4:59 PM
1 Award
I don't think Wisconsin law allows you to be compensated for injuries to a person to whom you were not married at the time of the accident.
Answered on May 01st, 2013 at 4:59 PM
Automobile Negligence Attorney serving Orlando, FL
at
Kelaher Law Offices, P.A.
Update Your Profile
Not unless you were married at the time of the accident.
Answered on May 01st, 2013 at 4:58 PM
Personal Injury Attorney serving Portland, OR
at
Kaplan Law, LLC
Update Your Profile
If your significant other is severely permanently disabled you would have a claim for loss of consortium.
Answered on May 01st, 2013 at 4:58 PM
It depends. You and the motorcyclist may have a claim.
Answered on May 01st, 2013 at 4:57 PM
Car/Auto Accident Attorney serving Hacienda Heights, CA
at
Gary Lee Platt
Update Your Profile
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).
Answered on May 01st, 2013 at 4:57 PM