DOES A SPOUSE HAVE A CLAIM WHEN THEIR HUSBAND OR WIFE IS INJURED IN AN INDIANA ACCIDENT?
March 23, 2015
I received a call from the spouse of an accident victim the other day. He wanted to know if he also has a claim for his wife's injuries?
The answer to the question is yes. He has to prove 3 things:
The other party is responsible for his wife's injuries because of negligence or carelessness.
That he experienced the loss of services, society, or companionship of wife because of her injury. and
The other party''s negligence was the responsible cause of this loss.
I also explained to the guy that I'm not a fan of consortium claims because juries really don't like them unless his wife is severely injured and that he has be careful when bringing this claim because he doesn't want to lose his credibility. Click here to learn about a consortium claim gone wrong.