Filing a claim for car accident injuries of a spouse involves understanding the specific right to damages you may have. In most cases, the victim of a car accident is the person who will need to file a claim for his damages. For example, if a man is driving a car and is hit, he will file a claim and either work with the insurance company or sue to recover damages for his medical bills, lost wages, pain and suffering and emotional distress. However, the spouse of a person involved in a car accident can have some right to file a claim, depending on the situation.
Filing a Claim for Car Accident Injuries of a Spouse
As a spouse, you were not directly injured by the car accident, so you can't file a claim for pain and suffering. However, if your spouse died as a result of his car accident injuries, you can file a claim on behalf of the estate or on behalf of your deceased spouse. This is referred to as a wrongful death claim. While the specific rules for a wrongful death claim vary by state, generally you can recover any damages for medical bills or lost wages that your spouse would have been able to recover. If you can prove that you would have benefited from continued financial support- but for the death- then you can also file a claim for a lifetime of lost wages that you would have had if your spouse hadn't died.
The court also recognizes that, as a spouse, you were damaged by what happened to your husband or wife in the car accident. As such, there are certain claims that specifically allow you to recover for your damages caused by an injury or death of your spouse. For example, if your spouse was killed in a car accident or he was injured in such a way that your relationship fundamentally changed, you may be able to file a claim for loss of consortium or loss of companionship. Again, the rules differ by state, but loss of consortium may refer to loss of enjoyment of a sexual relationship with your spouse, or may just refer to loss of enjoyment of the relationship in general.
Getting Help
If you are planning on filing a claim for car accident injuries of a spouse, you need to speak with an experienced personal injury attorney who can help you understand what to base your claim on and how to prove it.
