Legal Question in Personal Injury in Pennsylvania

my husband and i are seperated and he was hurt in accident would i get a check also from insurance company we are not legally seperated


Asked on 3/17/11, 8:56 am

1 Answer from Attorneys

Andrew Solomon Law Office of Andrew A. Solomon

Your claim would be derivative of your husband's. Generally, an uninjured spouse has a claim for loss of her injured spouse's assistance, society and consortium. Simply stated, this means that if you have to assume duties and tasks that your spouse performed for the family, but cannot because of his injury, then you could recover. Additionally, you could conceivably recover for the loss of your spouse's companionship and affection ( including sexual matters) that your spouse can no longer provide due to their injuries.

As you were living apart at the time of the accident, it would seem that you would not be entitled to recover such damages, unless his injuries have affected the things that he would cusomarily do for you, but cannot do now. If, for example, your spouse paid support to you, but can no longer do so to their injuries, you might have a claim for the economic loss.

You should discuss this situation with a lawyer to determine what, if any, damages you are entitled to receive,

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Answered on 3/17/11, 1:09 pm


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