QUESTION
My wife had a nervous breakdown over us not being able to provide basic needs due to my accident, Can she be compensated also?
Asked on Mar 04th, 2012 on Personal Injury - California
More details to this question:
I was injured standing in front of my home at no fault of mine, I had recently quit my job as I started my own business. I cannot work nor can I collect unemployment seeing im self employed, I have had to sell all of my tools (I''m a carpenter), truck, computer, tv''s etc just to keep up with the mortgage, electricty etc..I rushed my wife to the hospital thinking she had suffered a heart attack by the way she was acting come to find out she had suffered a major mental breakdown over worrying about the bills and selling all of our belongings we had worked so so hard for. Can she also seek to be compensated for her medical and pain and suffering even though she was not directly injured?/
3 ANSWERS
Personal Injury Attorney serving San Luis Obispo, CA
Partner at
Harris Personal Injury Lawyers, Inc.
3 Awards
In the State of California, if you are legally married, your wife can pursue "loss of consortium" damages for the impact your injuries have had on your marriage and relationship with her. Loss of consortium is not easily explained, therefore, it would be in your best interest to immediately contact an experienced personal injury lawyer to discuss the claim.
Answered on Mar 09th, 2012 at 3:54 PM
Catastrophic Injury Attorney serving Roseland, NJ
at
John J. Ratkowitz
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Your question is governed by state law, so you should consult with a local attorney. Generally speaking, spouses have a derivative claim in personal injury actions known as a "per quod" or loss of consortium claim. The claim seeks damages for your loss of services. It is certainly foreseeable that a wife could suffer mental anguish related to your inability to support yourself, but you will want to have your local lawyer research the issue in detail.
Answered on Mar 06th, 2012 at 12:26 PM
4 Awards
Yes, your wife can be compensated. There is a separate right for a spouse in California and it is called loss of consortium. In addition to that, if your wife witnessed the accident she can make an addition claim under a doctrine called negligent infliction of emotional distress. Good Luck.
Answered on Mar 05th, 2012 at 3:12 PM