When it comes to personal injury cases, one question that comes up is whether you can sue your spouse for injuries caused by their actions. However, in New York, like in many other states, the answer isn’t straightforward.
Our experienced personal injury lawyer answers this question and more below!
What Is Spousal Immunity?
Historically, spouses weren’t legally allowed to sue each other for personal injury due to a principle called “interspousal immunity.” This considered a married couple as one legal entity, making it impossible for one spouse to sue each other. Courts also believed allowing spouses to sue each other would disrupt the harmony of the family unit.
However, the concept has evolved in recent years. Spouses now have the right to sue each other for both intentional and negligent actions in many jurisdictions, including New York.
What Does Personal Injury Mean?
Personal injury means harm caused by someone else’s negligence, recklessness, or purposeful acts. To make a personal injury claim, you need to prove:
1. Duty of Care
The party being sued must have had a legal responsibility or duty of care towards the injured party.
2. Breach of Duty
The party being sued did not fulfill their responsibility, either by acting carelessly, recklessly, or deliberately causing harm.
3. Causation
The injured party must demonstrate that the breach of duty directly caused their injuries.
4. Damages
The injured person must have experienced real harm, like physical injuries, emotional pain, medical bills, or lost earnings.
What Is Spousal Immunity?
Historically, spouses weren’t legally allowed to sue each other for personal injury due to a principle called “interspousal immunity.” This considered a married couple as one legal entity, making it impossible for one spouse to sue each other. Courts also believed allowing spouses to sue each other would disrupt the harmony of the family unit.
However, the concept has evolved in recent years. Spouses now have the right to sue each other for both intentional and negligent actions in many jurisdictions, including New York.
What Does Personal Injury Mean?
Personal injury means harm caused by someone else’s negligence, recklessness, or purposeful acts. To make a personal injury claim, you need to prove:
1. Duty of Care
The party being sued must have had a legal responsibility or duty of care towards the injured party.
2. Breach of Duty
The party being sued did not fulfill their responsibility, either by acting carelessly, recklessly, or deliberately causing harm.
3. Causation
The injured party must demonstrate that the breach of duty directly caused their injuries.
4. Damages
The injured person must have experienced real harm, like physical injuries, emotional pain, medical bills, or lost earnings.
Can You Sue Your Spouse for Personal Injury?
Yes, with some exceptions. Spouses can bring personal injury lawsuits against each other for injuries caused by car accidents, intentional injuries, and other types of personal injury cases. However, certain restrictions apply.
Automobile Accidents
In New York, insurance companies are required to offer special insurance coverage that allows spouses to sue each other for injuries resulting from car accidents. That said, this coverage isn't mandatory, and some policies may not include it — in which case you wouldn't be able to sue your spouse.
Intentional Injuries
If your spouse intentionally causes you harm, such as physical assault, you have the right to sue them for monetary damages. In this case, your lawsuit would be similar to a lawsuit against any third party who caused deliberate harm. While common, it's not necessary to seek a divorce before suing for intentional injuries.
Sexual Affairs
You can’t sue your spouse for having a sexual affair in New York. The ability to seek monetary damages for emotional distress or sue the “other person” involved in the affair has been eliminated. However, it’s still possible to pursue a divorce on the grounds of an affair, although most divorces in New York are now based on “no-fault” grounds.
Can You Sue Your Spouse for Personal Injury?
Yes, with some exceptions. Spouses can bring personal injury lawsuits against each other for injuries caused by car accidents, intentional injuries, and other types of personal injury cases. However, certain restrictions apply.
Automobile Accidents
In New York, insurance companies are required to offer special insurance coverage that allows spouses to sue each other for injuries resulting from car accidents. That said, this coverage isn't mandatory, and some policies may not include it — in which case you wouldn't be able to sue your spouse.
Intentional Injuries
If your spouse intentionally causes you harm, such as physical assault, you have the right to sue them for monetary damages. In this case, your lawsuit would be similar to a lawsuit against any third party who caused deliberate harm. While common, it's not necessary to seek a divorce before suing for intentional injuries.
Sexual Affairs
You can’t sue your spouse for having a sexual affair in New York. The ability to seek monetary damages for emotional distress or sue the “other person” involved in the affair has been eliminated. However, it’s still possible to pursue a divorce on the grounds of an affair, although most divorces in New York are now based on “no-fault” grounds.
Factors to Consider Before Suing Your Spouse
- Evidence and Fault: If you want to sue your spouse for personal injury, you must gather evidence proving their responsibility for your injuries, like witness statements or medical reports. An experienced personal injury attorney can assist you in gathering evidence and constructing a solid case.
- Insurance Coverage: As mentioned above, whether you can sue your husband or wife for injuries from a car accident usually depends on your insurance coverage. Check your policy to see if it includes the special coverage needed for these lawsuits. If it doesn't, suing your spouse might not be an option.
- Emotional and Relationship Impact: Suing your significant other could strain your relationship and cause emotional distress. Legal action may worsen the delicate dynamics of marriage, leading to more tension and resentment. Think carefully about whether it's worth risking your relationship by pursuing a lawsuit.
- Legal Advice: Before suing your spouse, consult a personal injury lawyer. They can review your case, explain the legal steps, and navigate you through the legal maze. Their expertise can shed light on possible results and help you make a well-informed decision about legal action.
Factors to Consider Before Suing Your Spouse
- Evidence and Fault: If you want to sue your spouse for personal injury, you must gather evidence proving their responsibility for your injuries, like witness statements or medical reports. An experienced personal injury attorney can assist you in gathering evidence and constructing a solid case.
- Insurance Coverage: As mentioned above, whether you can sue your husband or wife for injuries from a car accident usually depends on your insurance coverage. Check your policy to see if it includes the special coverage needed for these lawsuits. If it doesn't, suing your spouse might not be an option.
- Emotional and Relationship Impact: Suing your significant other could strain your relationship and cause emotional distress. Legal action may worsen the delicate dynamics of marriage, leading to more tension and resentment. Think carefully about whether it's worth risking your relationship by pursuing a lawsuit.
- Legal Advice: Before suing your spouse, consult a personal injury lawyer. They can review your case, explain the legal steps, and navigate you through the legal maze. Their expertise can shed light on possible results and help you make a well-informed decision about legal action.
Contact Our New York Personal Injury Law Firm Today!
When it comes to personal injury cases involving your spouse, it’s important to have a reliable legal ally by your side. Trust Field Law Group to provide the personalized attention and aggressive representation you need.
Call 212-739-7278 or contact us today for a FREE consultation!
Contact Our New York Personal Injury Law Firm Today!
When it comes to personal injury cases involving your spouse, it’s important to have a reliable legal ally by your side. Trust Field Law Group to provide the personalized attention and aggressive representation you need.
Call 212-739-7278 or contact us today for a FREE consultation!
Field Law Group, P.C.
17 State Street, 40th Floor
New York, New York 10004
This website contains attorney advertising. Prior results do not guarantee a similar outcome, see Disclaimer.
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Field Law Group, P.C.
17 State Street, 40th Floor
New York, New York 10004
This website contains attorney advertising. Prior results do not guarantee a similar outcome, see Disclaimer.
Designed by PostcardMania
Field Law Group, P.C.
17 State Street, 40th Floor
New York, New York 10004
This website contains attorney advertising. Prior results do not guarantee a similar outcome, see Disclaimer.
Designed by PostcardMania