Spouse in Injury Cases

July 12, 2017

Caring For A Spouse

Why is my wife on the complaint when I was alone in the car accident? In Tennessee, once a married couple has one of them injured due to the negligence of another person, the spouse of the injured party is also considered injured. This surprises many people. Their claim is called a loss of consortium. It is a derivative claim of the personal injury case of the physically injured party.

Tennessee is like many states wherein we recognize a married couple has two parts of a whole. And that means that if one is injured, the other suffers as well. For instance, if one spouse is on the couch hurting, the other spouse must take care of the home, kids, and other services that are not being performed by the injured spouse. But that’s not all. When one spouse is injured, it interrupts the natural intimacy, companionship, and activities of both together.

I submit to you that this is a very difficult claim to value. In cases where the loss of consortium value is very high, we usually see where one spouse has sacrificed greatly to care hand and foot for the injured spouse. As such, the jury wants to reward that person.

In a few cases, we can actually value some of the services that one parent provides. For instance, all the rides that a parent gives children can be priced out as if Uber had done it. The cleaning of the house can be priced out based upon a cleaning service.

However, the intangible lack of intimacy and companionship is very difficult to value. I can tell if my wife is hurting and it hurts me. I would like to take all her pain away when she is suffering. That humanity is one of the things that we seek to show in a personal injury case. That’s why it’s important that 12 of your neighbors make the decision as to how to value that based on their life experiences.

Mr. Peel seeks justice for those injured in motorcycle, truck and car accidents, disability and medical malpractice. He often addresses churches, clubs and groups without charge. Mr. Peel may be reached through PeelLawFirm.com wherein other articles may be accessed.

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