Personal injuries often happen close to home—sometimes in everyday moments like pulling into the driveway or turning onto your street. Unfortunately, these accidents can involve the people closest to you. For example, you and your spouse might be riding together or driving your children to school when a crash occurs, affecting both of you.
In this case, you may be wondering who would be responsible for compensating you for your injuries. After all, there may be medical bills or lost income to consider.
Injuries involving spouses are more common than you might think. Incidents like car accidents, slip and falls, boating accidents, or even assaults can raise legal questions about liability—even when your spouse is at fault. In many cases, you may have the right to seek compensation, often through an insurance policy. However, there are situations where you might need to file a claim directly against your spouse. The truth is, injuries involving spouses aren’t as uncommon as they might seem.
Below, we break down your legal rights, including whether you can sue your spouse, how the laws vary by state, and what to expect in places like Texas and Louisiana.
Can I Sue My Spouse for Personal Injury?
Most states in the U.S. allow a person to sue their spouse for personal injury. A few states that do include:
- Texas
- California
- New York
- Florida
- Maryland
- Illinois
While suing a spouse may seem extreme, it’s important to remember that the goal is often to recover compensation from an insurance policy—not to take personal action against your partner.
What Is Interspousal Immunity?
Interspousal immunity refers to a legal doctrine that, at one time, prevented spouses from suing one another. Today, this idea has largely been removed from law, though some courts in a small number of states still have some limitations in place. For example, Louisiana still enforces interspousal immunity in many cases.
Does Texas Allow You To Sue Your Spouse?
Yes, Texas allows you to sue your spouse for a personal injury. The state officially eliminated interspousal immunity following Waite v. Waite, which opened up the potential for personal injury lawsuits between spouses. Texas’s official abolition of interspousal immunity came through the case Price v. Price in 1987.
In Texas, you can take legal action against your spouse for one of many reasons, such as:
- Ordinary negligence, such as getting into a car crash
- Intentional torts, such as assault
- Premises liability, such as being subjected to unsafe conditions in the home
While you can file a lawsuit in these situations, there are important exceptions. Texas law bars claims that would interfere with the community property system—such as those made during divorce—or that would amount to insurance fraud. However, in cases like car accidents, you may still have a valid claim. For example, if your spouse has liability insurance that covers the incident, you could recover compensation by filing a claim or lawsuit.
Does Louisiana Allow You To Sue Your Spouse?
No, Louisiana typically doesn’t allow you to sue your spouse for a personal injury. However, while the state still has interspousal immunity rules, there are exceptions.
Those exceptions may include:
- If your spouse intentionally harms you through an act of domestic violence
- If you are divorced or legally separated when an incident takes place
- If insurance coverage specifically allows claims between spouses
Louisiana’s laws are more restrictive when it comes to suing your spouse, but it’s still possible under certain circumstances, as the Louisiana Supreme Court held in the case Hinds v. Hinds in 2005. That’s why speaking with an attorney familiar with local laws is wise.
If You Have Questions About Who Is Liable in Your Case, Contact Us Today
Trying to navigate a personal injury claim can be overwhelming, especially when you need to make a claim against someone who is close to you. While this may be an uncomfortable situation, it’s important to know your rights. If you’ve been injured in an accident involving your spouse, you may be entitled to compensation through an insurer or legal action.
The rules for making a claim vary significantly based on the state you live in, so getting to know your rights by speaking with an attorney should be your first step. If you have questions about who may be liable in your case, contact us today at Shamieh Law. Call 469-813-7332 or reach out to us online to schedule a free consultation.