April 24, 2023 -

John McMullin, Juris Doctor, Associate Lawyer, LETOURNEAU LLP

MY SPOUSE GOT INTO AN ACCIDENT - HELP!

There is a lot of information about what to do when you get into a car accident, but what do you do when your spouse is the one involved? Here’s some helpful advice:

Understand The Magnitude of What Happened

Your spouse has just had their life changed in the blink of an eye. Where before they were happy and healthy, they now have to deal with constant pain, memory issues, and limitations on what they can do.

Personality changes are also common after an accident. Your spouse may suffer from anxiety while driving. If they’ve been concussed, your spouse will probably have uncharacteristic outbursts of anger, difficulty remembering things, and a lack of patience as their brain tries to heal itself. When an accident changes the way someone has to live their life (they could be in a wheelchair, their body may hurt when sitting down, they may not be able to get into a car anymore, etc.) there is often a period of depression when adjusting the this new reality.

Your spouse is living in a new world that will require patience and understanding. It’s a difficult time, but realizing how much change your spouse is going through can help you both.

Help Them Help Themselves

Anyone who is in a car accident can improve their condition after the accident by following the advice of healthcare professionals. However, the mental and physical injuries make it really hard to do that. You can assist by helping them remember appointments, helping them get to appointments, and ensure they are doing the work at home that their treatment providers prescribe them, including:

1.      Exercises from a physiotherapist;

2.      Wearing treatment devices, such as dental orthotics, and using medication;

3.      Journalling as advised by a psychologist; and

4.      Drafting lists, using post-its, or other memory activities.

Following the advice of treatment providers is the fastest way to get better. It also improves your loved one’s legal case. Failure to attend treatment or follow care-provider advice will result in a lower settlement or award.

What Are Your Legal Entitlements?

The law recognizes that your spouse getting into an accident affects you as well. There are at least two ways this happens: an “in-trust” claim and a loss of consortium claim.

In-trust Claim

In-trust claims are made by the person who was injured on behalf of family members who helped them out. Family members often provide services to injured individuals that the individual would otherwise have to pay for, such as caregiving or extra cleaning. The injured person can ask for money to compensate for those services in their own lawsuit.

A loss of consortium claim is one where you make the claim yourself. If the Accident has result in your sex life, friendship, and companionship you enjoy with your spouse being negatively affected, you can request damages for that loss.

In an Alberta case called Madge v. Meyer, 1999 ABQB 1017, a wife was awarded $30,000.00 for loss of consortium. The judge found, “Mr. Madge requires some supervision by Mrs. Madge. He makes her life very difficult by virtue of his insecurity and "clingyness". He is no longer able to give Mrs. Madge the comfort and emotional support that one expects, and arguably, is entitled to receive from one's spouse. While they are able to have sexual relations, albeit less frequently than pre-accident, Mrs. Madge is deprived of the emotional response from her husband.”

Whether or not you have a claim of your own, an accident is always difficult to deal with as a family member. At LETOURNEAU LLP, we can find a team of care professionals for your loved one that can make a difference in their lives and assist with any claims you may have yourself. Contact us for a free consultation.

If you have been in an accident, it's a great idea to speak to a personal injury lawyer about your rights and responsibilities. Contact LETOURNEAU LLP at 403-329-4311 to set up a free consultation for any accident-related injury.

Learn more about John McMullin, our Lethbridge Personal Injury Lawyer.

Learn more about Personal Injury Law.

This article is for information purposes only and does not constitute legal advice.