Waldorf, MD Auto Accidents: Does My Spouse Have a Claim if I am Injured?
Sometimes. If you are injured in a Charles County, Maryland, auto accident, depending on the injuries and the facts of the case, your spouse might have an insurance claim and/or a personal injury claim that can be filed in a Maryland or federal court. This can be true even if your spouse was not injured or involved in the Waldorf, Maryland, auto accident. If your spouse DOES have a claim, then your spouse can join your insurance claim and/or be a party to your personal injury lawsuit. These types of claims can be complicated, so it is important to have a legal consultation with an experienced and seasoned Waldorf, MD, auto accident lawyer. If you want more information, contact us here at the Law Office of Robert Castro. Our number is (301) 870-1200. We are experienced and top-tier Maryland car and auto accident attorneys.
Note that your spouse must have independent legal claims. That is, as the injured victim, you have insurance and personal injury claims because you were injured. You have claims based on your injuries. Your spouse will have to have claims based on his or her own damages/injuries.
That being said, an at-fault party is obligated under Maryland law to pay FULL compensation for ALL injuries and damages caused by the accident, including damages and injuries suffered by a spouse. In this kind of circumstance, the damages and injuries are not typically physical (since your spouse was not in the car or otherwise involved in the accident).
Depending on the facts and what can be proven, there are several common types of claims that can be made by a spouse. The first relates to sexual intimacy. These are called “loss of consortium” claims. If the accident caused you to be unable to engage in sexual activity, your spouse may be able to assert a claim. These kinds of claims can be difficult to prove and often relate to the injuries suffered in the accident. If the accident caused a broken arm, a loss of consortium claim is unlikely to succeed. However, if the accident caused spinal damage leading to loss of function, then a loss of consortium claim is more viable.
Another possible claim is one for loss of society. This is basically a claim for loss of companionship that is normally shared by a married couple. Again, these claims can be difficult to prove. Loss of society claims are most tenable where the injuries were severe enough to cause a long recuperation period and/or extensive physical and/or emotional rehabilitation.
Another possible claim is for loss of support. This is not about lost wages or income since the injured victim will be able to seek compensation for those damages. Rather, loss of support involves situations where one spouse is providing some specific and direct material support for the other spouse. An example might be where one spouse is providing assisted living or quasi-nursing care in the home setting to the other spouse. That is not the only possible circumstance, but those facts would create a strong claim for loss of support.
Contact Waldorf, MD Personal Injury Attorney Robert Castro Today
This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland personal injury lawyer at (301) 870-1200. We are Waldorf, MD, Personal Injury lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.
