Can I Sue a Spouse for Personal Injury? Where to Turn for Help

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Is it possible for spouses to sue each other for personal injury? It may seem very strange to someone to sue their spouse for personal injury, but this happens quite often. One spouse may do something that results in their significant other being severely injured – such as speeding on the road. Therefore, the injured party has every right to sue.

If you live in Springfield, Tennessee, you may enjoy the peaceful atmosphere you have there, and you’ll want to share this with your spouse. However, the place is not free of car accidents, and something might happen while you and your spouse are in the car. If your partner is not paying attention to the road or is driving under the influence, they may cause an accident resulting in severe injuries. As a result, you might want to hire Springfield personal injury lawyers and claim compensation.

So, when can you sue your spouse for personal injury and where can you turn for help? Let’s find out!

Interspousal Immunity

In the past, spouses were not allowed to sue each other. This prohibition was known as “interspousal immunity”. When a woman got married, it was like her legal identity combined with her husband’s – therefore, it would’ve been strange for one of the spouses to sue the other.

Thus, spouses were not allowed to sue each other, even when personal injury and damage were caused by one of them. This legal concept was a thing before the women’s rights movement got strong in the United States.

Fortunately, interspousal immunity is not a thing anymore as it has been abolished in almost every state. This was all thanks to women’s rights movements and the recognition of multiple women’s rights.

What Is Considered Personal Injury?

Personal injury refers to an injury that was caused by someone who was negligent in any way. The guilty party must be responsible for someone’s care and safety. They must also know when something is not safe. Moreover, if they have enough time to prevent a disaster but don’t do it, then it’s considered personal injury.

There are many cases when a personal injury occurs between spouses. These could include car accidents, not maintaining chemicals properly in the house, and many other things.

When Can Spouses Sue Each Other?

Now that interspousal immunity has been abolished, both parties can sue each other as they are considered two separate people instead of a single entity. A spouse can sue their partner for inflicting damage intentionally or for being negligent and causing injuries.

For instance, you may be in a car with your spouse, rushing to get somewhere. Because you’re in a hurry, your spouse runs a red light thinking there is no other vehicle coming, but a car slams into yours, resulting in very severe injuries for both you and your spouse.

In this case, it’s possible to sue your spouse, but the insurance policy may not accept to cover the damages if the two of you live together. At the same time, there are a few losses that the policy could cover, depending on the insurance.

What Are Some Possible Exceptions?

While you can now sue your spouse if they caused injuries for you by being negligent, there may be a few exceptions. In some states, when a spouse is injured in a car accident because of their partner, insurance companies are worried about collusion. This is a situation when a married couple submits false accident claims to the insurance company in order to receive compensation.

Meanwhile, in some states, spouses can buy supplemental insurance, which gives them the chance to sue each other if a car accident occurs.

However, there are also insurance policies that don’t allow spouses to sue each other.

Where to Get Help?

If you are injured because of your spouse’s negligence and you want to claim compensation, you can reach out to personal injury lawyers in your area. A lot of personal injury attorneys have been dealing with cases like this, so look for someone with experience in this matter.

A personal injury lawyer will explain your rights but also tell you what the possible scenarios are. Following the attorney’s advice can help you win the case and claim your compensation.

Final Thoughts

Spouses can sue each other for personal injury, but there are a few exceptions too. Therefore, if you don’t know how to handle this, you should hire a personal injury lawyer to help you.