Legal Question in Personal Injury in Georgia
does husband have a case?
I was involved in an accident where a wheel came off a semi and came through my car. To my ''good'' fortune, both my hands and wrist were broken. For months, my husband had to literally do everything for me.
Can he sue also for his pain and suffering in this matter? The trucks insurance company has accepted total liablity and I have my own attorney. Does my husband have a right to sue also, he was not in the vehicle, but still was put through a lot.
3 Answers from Attorneys
Re: does husband have a case?
He may possibly have a claim for loss of consortium, which must be made within the statute of limitations.
Re: does husband have a case?
Yes, for loss of consortium. Your attorney can handle both and I'm curious why you have been forced to seek an outside opinion on a simple issue. The two cases invariably go together.
Re: does husband have a case?
I agree, it sounds as though you were very fortunate to sustain only the fractures. Your husband has what the law refers to as a loss of consortium claim. i.e. a claim for loss of your services, loss of companionship, loss of affection. However, generally, insurance company's do not consider this claim when making a settlement. However, we have been very successful in court on the spouse's claim.
Our firm believes in personal attention and making sure our client's are informed as to all of their legal rights. I hope your recovery continues to go well.
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