Las Vegas Personal Injury Attorneys
Understanding the rights of a spouse during an injury settlement claim can be tricky, especially during such a trying time. These law experts highlight your rights when your partner is injured and what legal counsel you should seek.
Ted Bergeron

Ted Bergeron

Founding Partner at .

Yes, Due To Family Law Act Section 61

Spouses have clear rights flowing from injuries sustained to their partner. They also have potential claims that are more nebulous.

Injury almost always wreaks havoc beyond the individual sustaining trauma. The whole family is impacted. For that reason, section 61 of the Family Law Act recognizes six groups of family members who may advance a claim for the loss of care, guidance, and companionship they would have received from an injured family member but for the trauma. The law also allows compensation for the value of services provided to the injured family member.

Spouses have a clear right to compensation under this provision. This section provides the spouse with [their] own right of action, though it should be noted that these claims are described as being ‘derivative’ of the injured person’s claim. In other words, the spouse’s right to claim is no better than the injured person’s claim. By way of example, if the injured person is twenty-five percent at fault, this assessment of contributory negligence would also apply to reduce the spouse’s Family Law Act claim by this amount.

Spouses in the midst of separation may also have a right to ask the court to consider the injured spouse’s income loss award in the calculation of what, if any, spousal or child support may be owed. Spouses who are separating from an injured partner should consider having their own legal counsel to advocate on their behalf.

It Depends On The States Law And Nature Of The Settlement

In certain circumstances, spouses may be entitled to a portion of an injury settlement claim, but it depends on various factors, such as state laws and the nature of the settlement. In many jurisdictions, marital property laws consider personal injury settlements as separate property of the injured spouse. However, some states may view a portion of the settlement as community property subject to division between spouses.

The amount that a spouse may receive from the settlement can vary greatly. It could be influenced by factors such as the length of the marriage, financial contributions made by the non-injured spouse, and the overall distribution of marital assets. It’s crucial to consult with a family law attorney who specializes in personal injury settlements to understand the specific laws and guidelines that apply to your situation, as they can provide you with accurate advice based on the laws of your jurisdiction.

Joshua D. Frachtman, Esq.

Joshua D. Frachtman, Esq.

Andrew Pickett

Andrew Pickett

Lead Trial Attorney at

Yes, For Lost Wages Or Medical Coverage In Specific Situations

Clients who have suffered injuries due to the negligence of another person or entity are legally entitled to receive compensation for their damages. This includes settlement claims, covering medical costs, lost wages, and other out-of-pocket expenses associated with the injury.

Regarding a spouse’s portion of an injury settlement claim, it is essential to note that this varies from case to case. For example, suppose the spouse was financially dependent on their partner and could not work due to the injury. In that case, they may be entitled to compensation for lost wages or medical coverage. The amount a spouse can receive will depend on the nature of their relationship with the injured person and the extent of their losses.

However, it is important to remember that a spouse’s right to a portion of an injury settlement claim may be waived if the injured person has signed a pre-existing agreement with their spouse. Additionally, if the injured person has died due to their injuries, in some cases, the spouse may be able to sue for wrongful death.

Only Loss Of Earning Capacity Recovery Is Community Property In Texas

Under the Texas Family Code, everything is presumed to be community property. However, the compensation received for personal injuries suffered by a spouse during a marriage belongs to that spouse separately. While married, each spouse has sole control of their separate property.

In other words, the spouse of someone who received benefits from an injury settlement claim is not entitled to any of this. There is an exception–recovery for loss of earning capacity during the marriage is still community property. This does not mean the spouse gets a portion or is allowed to dictate what happens with recovery for loss of earning capacity while the parties are married.

This would be viewed as community property, but the spouse receiving the recovery would be granted sole control while the parties remain together. However, should the parties divorce, any remaining funds from the recovery for loss of earning capacity during the marriage would be subject to division by the Court.

Brent Morgan

Brent Morgan

Chris Palmer

Chris Palmer


Yes, Depending On Case Circumstances, Laws, And Jurisdiction

Spouses may be entitled to a portion of an injury settlement claim in some cases, depending on applicable laws and the circumstances of the case. This can vary by jurisdiction. The amount a spouse can receive from an injury settlement claim also depends on various factors, such as the extent of the injury, the impact on the marital relationship, and other relevant considerations. It is important to consult with a legal professional specializing in personal injury law to determine the specific entitlements and potential compensation for spouses in a particular situation.

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