Spouses in automobile injury cases have claims. It’s called a loss of consortium claim. So, if you’re injured in a wreck that’s someone else’s fault and you’re married, then there is a claim for your spouse. It’s called a derivative claim. It’s for the loss of love, society, and companionship suffered by the spouse. Yes, things like having to miss work to take care of you – those are the kinds of things that would be considered a part of that claim.
Even if it’s a small claim, when we file the lawsuit, we’re often going to name the spouse because if that case ever goes to trial, I want to be able to maximize my opportunity to select a jury. By having a spouse as a plaintiff, it creates additional what’s called preemptory challenges, meaning that I will be able to pick a better jury that way. So, we do that routinely.
If you’ve got an automobile case and you’ve got a spouse involved, then yes, we’d like to meet with both you and the spouse. Please make arrangements to come into Bailey & Greer: 901-680-9777, or you can reach us on the web at BaileyGreer.com.