Tom McCutcheon – Attorney at Law
Q: My husband was in a car wreck and I have had to take off work to take care of him. We have had to hire someone to take care of our yard and I am really stressed out having to take care of him and everything else that I have to do. I want to sue the person that caused the accident, but a friend of my said I couldn’t. What do you think?
Denise
Athens, AL
A: Yes you can. Alabama, like most states, recognizes a claim that a spouse has against a person who injures them. I like these claims and think that jurors are receptive to the legal claim that is technically called a claim for “consortium”.
Historically, the law began as a claim a husband had against someone who had compensated him for the loss of his wife’s consortium and services. That is the right of a husband to his wife’s company, fellowship, usual services in taking care of the home, rearing the children, as well as his loss of her society and comfort.
When I first started practicing law in the late 80s with cases involving consortium claims, you would see the occasional defense lawyer who would be crude enough to inquire about the sexual habits of a married couple. I think these lawyers did this to embarrass people in an attempt to discourage their claim. Sometimes that tactic worked and sometimes it was offensive for no good reason.
The law recognizes a wife’s claim for the loss of consortium and services in her husband and includes a loss of the companionship, affection, society, support and sexual relations. It is kind of odd that in the newest jury instructions, a wife has a specific claim for the loss of “sexual relations” with her husband but the jury charge for the husband does not include that specific claim, although it is probably implied.
I like these claims for two reasons, the first is that these claims force everyone including the defendant and the jury to look at the very natural consequences to a family of a serious personal injury and secondly, these claims often provide additional insurance coverage and a greater monetary recovery.
Buckle up and drive safely.
McCutcheon & Hamner, P.C.
2210 Helton Drive
Florence, Alabama 35630
Telephone: 256-764-0112
Facsimile: 256-764-1124
