Can I file a separate claim for loss of consortium in my wife’s auto accident?

Almost three years ago, my wife was in an accident caused by another driver. Her attorney says that my loss of consortium is part of her claim. This accident has completely altered our lives for the past three years. She is going to have two surgeries to her neck and back, and hopefully that will allow us to return to normal.

Asked on April 9, 2016 under Personal Injury, Florida

Answers:

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

Answered 4 years ago | Contributor

Your wife's attorney is correct that loss of consortium is part of her claim.
If the case settles, compensation will include loss of consortium.  If your wife is dissatisfied with settlement offers from the at-fault party's insurance carrier, the settlement offers should be rejected and a lawsuit for negligence should be filed against the at-fault party.  
If the case is NOT settled, your wife's lawsuit against the at-fault party must be filed prior to the expiration of the applicable statute of limitations or your wife will lose her rights forever in the matter.


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