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

UPDATED: Sep 30, 2022

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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


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

Answered 6 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.

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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