Spouses' Rights After an Accident

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An auto accident doesn’t just hurt the one in the crash. It can set an entire family’s life off course. Find out what are spouses’ rights after accident are and what a husband or wife can be compensated for after a car crash.

When a serious car accident happens, it can disrupt your family life, as well as your work. When a car crash results in significant disability, it may mean a husband or wife may even need to leave work permanently to care for you. When that happens, your whole family may worry where the money will come from to pay for your living expenses.


Spouses’ Rights to No-Fault Benefits

Attendant care is covered by Michigan no-fault PIP insurance for up to 3 years. It allows a person injured in a car accident to pay for someone to help with day-to-day tasks like tracking medicine, personal hygiene, or even just supervision. But not everyone has to hire a professional to do that work. If your husband or wife serves as your at-home caregiver, he or she is entitled to no-fault benefits at the going rate for professional attendant care.

If an auto accident victim’s injuries require 24/7 supervision, caring for that person can become a full-time job for a spouse. By allowing spouses to collect for attendant care benefits, the Michigan No-Fault Act protects families during the recovery process.

Spouses’ Rights in Third Party Lawsuits


If a person’s auto accident injuries are serious enough, he or she can file a third party lawsuit against the at-fault driver. When that happens, the person’s husband or wife can add spouses’ rights claims to the complaint. Traditionally called “loss of consortium” and “loss of support”, these allegations allow spouses to be compensated for the parts of their lives that are negatively affected by their spouses’ injuries.

Loss of Consortium recognizes a spouse’s right to enjoy time with his or her life partner. It can include the loss of romantic activities, travel, or other leisure activities that cannot be fully enjoyed without a spouse by your side.

Loss of Support is more economic in nature. It has to do with the work a person has to do because his or her spouse is no longer able to do it. It could include child care, taking on a second job, or picking up the slack on household chores.

A spouses’ rights claim depends on the success or failure of the injured person’s lawsuit. So if a jury determines that your spouse was partially at fault for the accident, your spouses’ rights claims will reduced by the same amount as your spouses’ damages.

The auto accident attorneys at Christensen Law can help you and your husband or wife protect your spouses’ rights. If your loved one has been seriously injured in an auto accidentcontact Christensen Law for a free consultation.