Can a spouse sue for medical bills after a car accident?

We were married at the time and 2 weeks after accident filed for divorce.

Asked on September 3, 2011 under Accident Law, Ohio

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you were the injured party in the accident, you should complete your medical treatment and when you are released by the doctor or declared to be permanent and stationary by the doctor which means you have reached a point where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of any wage loss.  Your personal injury claim should be filed with the insurance carrier of the at-fault driver.  Your personal injury claim will consist of the medical bills, medical reports, and documentation of any wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injuries and will be used to determine compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  If you are dissatisfied with settlement offers from the insurance company, file your lawsuit for negligence against the at-fault driver.  If the case is settled, no lawsuit is filed.  If the case is NOT settled, you will need to file your lawsuit for negligence against the at-fault driver prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

If both you and your spouse were injured in the accident, you both have separate personal injury claims and would follow the above procedures.  If you were NOT injured in the accident, but your spouse was injured in the accident, you do NOT have a personal injury claim.  Only the injured party has a personal injury claim.


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