Can a stay at home spouse claim lost income damages after being involoved in a accident

UPDATED: Sep 30, 2022

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Can a stay at home spouse claim lost income damages after being involoved in a accident

This is something I read on your site, but wanted clarification. My wife was in a accident just before thanksgiving of which she was rear ended and car totaled. She had some neck strain/whip lash pain and numbness in her shoulder and chest for about 3 weeks. During that time she wasn’t able to fully function without pain. Because she is stay at home she cant prove lost income due to no paycheck

Asked on February 8, 2017 under Personal Injury, Idaho


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, by definition, you can't claim lost wages if you had no wages. The law provides compensation for actual losses: if your wife was not working at the time, then she did not lose any money by not being able to work.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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