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Can You Sue Your Spouse for Personal Injury?
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!
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.
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