Video Transcript

Do Married People Receive Higher Settlement Amounts?

In our experience it depends. But the insurance companies look at those as two separate claims.

What we’re really talking about is you have the injured party on one end and then you have the spouse on the other end. The claim for the spouse is the loss of consortium. That’s when you have an injured party over here and their spouse has a claim as well. Because who they’ve married is no longer the same due to someone else’s negligence. So under the law, you have a claim as well.

Typically we don’t bring those types of claims unless it’s a pretty catastrophic loss. Unless the spouse has been significantly impaired due to the injuries. You have to think we’re talking serious surgeries, brain injuries, things like that.

So as a whole, generally, you’re going to probably say yeah, married couples will receive a larger settlement. Because they have a larger value to what they’re dealing with.  But, in your typical run-of-the-mill car crash case, and I hate saying run-of-the-mill but I’m just using it for the purposes here, you’re not really going to have a consortium claim. It’s not going to be there because the severity of the injury may not reflect it.

So we typically we make a decision either not to bring it, or to refer it out somewhere else. But there are also strategic reasons of why you would bring a consortium claim if the case is going to trial and that’s a whole another day and video to talk about.

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Posted Under: Car Accident FAQs