If your husband or wife is severely hurt in any accident—like medical malpractice, a car crash or 18-wheeler wreck, or a trip and fall—it can be extremely upsetting. Sadly,
Recovery for Emotional Distress From Your Spouse’s Injuries
They call these cases bystander cases because the key requirements are that you must be both near the accident and witness it. The other requirements don’t make it much easier to recover. You must prove death or a serious physical injury to your husband or wife, and the emotional distress must be so severe you have physical symptoms, diagnosed by a health professional, and be proven by expert testimony. Crying spells and feelings of helplessness alone probably won’t do. Hives or vomiting would make the case stronger. And it never gets off the ground without an expert—probably the doctor diagnosing you—testifying the accident caused your distress.
But all hope is not lost.
What Most Spouses Can Recover For
It’s called loss of consortium. It basically measures the damage to your marital relationship as a result of the injuries. It includes many of the emotional costs of such a tragic loss, but the standard of proof required is much more reasonable for a spouse.
Get Legal Help To Fight Your Fight
If your spouse’s injuries are serious enough to threaten your emotional health, you’re already too fragile to take on a monstrous insurance company interested only in saving itself money by taking advantage of you. Send us an email or start a live chat right where you are; we’d be glad to arrange a free meeting to tell us your story so we can start finding you a solution and ease your burden.