Making A Personal Injury Claim Against A Spouse

People get injured by their spouses from time to time. For example, you may be injured as a passenger in a car accident where your spouse was the driver at-fault. When this happens, bills can pile up easily. You may be unable to work and have mounting medical expenses, not to mention the cost of getting the family car repaired.

In this case, it may in your best interest to make an insurance claim against your own spouse. If not, who will compensate you for your losses? And After all, isn’t that what you and your spouse have paid the all those insurance premiums for?

Read here to find out if you can file a personal injury claim against a spouse and how insurance providers deal with these types of claims.

Claims Against Spouses

Basically, there are two main questions to answer in regards to personal injury claims against spouses:

  1. Does the law allow one spouse to sue another?
  2. Will a personal injury claim made by one spouse against another be covered by an insurance policy they share.

In most states, the law allows a spouse to bring a personal injury suit against another for injuries caused by negligence or intent.

However, since spouses normally share the bulk of their assets, a judgement rendered in favor of one spouse and against the other is usually a moot point. So, the real question is how do insurers handle claims brought by one spouse against another.

In some states, the law provides that insurance companies cannot exclude coverage for a spouse who is negligently injured by another, though they often exclude coverage for injuries caused intentionally. In these states, a spouse can make a claim for injuries caused by their counterpart’s negligence, even if they own the insurance policy jointly.

In other states, however, an insurer is allowed to exclude coverage for claims in which the insured may be partially liable because of close familial ties, as long as the policy meets the statutory minimum liability requirement. So, the negligent spouse’s insurer would only be responsible for anything up to the statutory minimum liability limit.

So for example, if you were injured in a car accident where your spouse was the driver at-fault you would only be able to recover compensation up to your state’s statutory minimum liability limit, which is on average $25,000 across the nation. So even if your spouse has $100,000 in liability insurance, the total amount of damages you would be entitled to recover would be limited to $25,000. However, you may be eligible to recover additional compensation if your spouse also has personal injury protection (PIP) insurance, which is a no-fault form of insurance, that should cover you regardless.

This does not preclude your insurer from providing coverage in excess of the statutory minimum, and this may very well be the case. So, you should always check the exclusion section of your policy and speak with your insurance agent to find out whether your policy provides coverage for spousal or familial liability above and beyond the statutory minimum liability requirement.

Contact a personal injury lawyer to discuss your particular case.

 

What Makes a Personal Injury Case in Sydney?

personal injury compensationBefore hiring a personal injury lawyer in Sydney NSW, it is important to understand what makes a personal injury case. It can be critical for an individual who has been involved in an incident and finds themselves unable to afford proper treatment. Many times individuals do not consider the long term effects of an injury that may seem minor when it occurs.

There are many types of injuries that are considered personal injuries and may require the assistance of a Compensation Lawyer NSW to assure proper settlement. Personal injuries can occur to the body, mind, or emotions and require medical treatment. Some injuries result in the need for long term treatment which can be very costly.

Individuals who are assaulted often do not consider the fact that this is victim that may require a long period of recovery that involved both medical and psychological assistance. By seeking the advice of a personal injury attorney the options for recovering the necessary resources to address these issues is much easier.

While many Sydney businesses have doctors, nurses, or other staff available to treat staff who are hurt they may not have the expertise necessary to diagnose a severe injury. Employees hurt on the job are often asked to sign a waiver of liability after seeing one of these medical people without being given an opportunity to seek the advice of an independent doctor or lawyer.

As people age, the evidence of previous injuries can create a costly treatment program that had not been addressed when the injury occurred. In many states and countries there is a statute of limitations on the length of time a person can file a personal injury claim. It is very important then to seek the advice of a personal injury attorney prior to the statute of limitations expiring.

Medical and dental malpractice is more common than most people would think. For many people, signing the forms for medical treatment makes them think that if they are injured during a procedure due to negligence they have no recourse. This is not the case. Negligence on the part of medical or dental professionals is one of the categories that answers the question of what makes a personal injury case. When an individual must seek treatment for the treatment they received at the hands of a negligent medical practitioner they have sustained a personal injury and should seek recourse.

 

injured manWhen people do not seek personal injury compensation following an incident they are assuming the cost of treatment in later years. An attorney who specializes in the type of incident and resulting injury that occurs can provide an individual with an overview of the types of treatment they may require long after the statute of limitations for filing a personal injury claim occurs.

 

Repetitive strain is becoming a common condition in both men and women. This is the result of constant use of computers in the workplace and at home. The damage caused by this type of strain can often lead to surgery and long-term treatment is required. In addition, this damage can cause many other issues with the wrists and hands for people who suffer this type of injury. A common practice is for an individual to use their private insurance for treatment and surgery and they do not think to file a personal injury claim.

However, what makes a personal injury case in Australia is just this type of incident. An individual who suffers from this type of debilitating injury should seek the advice of an attorney who specializes in this type of injury so that they are aware of the costs of treatment for this condition and act accordingly.