Will My Spouse Get Compensated for Missing Work while Taking Care of Me after My Wreck?
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.
As founder of Bailey & Greer, R. Sadler Bailey has battled his fair share of insurance giants and wrongdoers and has achieved numerous multimillion-dollar results for the victims of catastrophic injuries and their families. What’s more, he has been involved in more than 40 appellate court decisions affecting Tennessee personal injury law, including many landmark appearances before the Tennessee Supreme Court.
Read more about R. Sadler Bailey