Your Spouse Was Hurt in a Crash. You Do Not Have to Figure Out the Next Steps Alone.

A spouse can often bring a claim after a partner’s brain injury in a West Virginia car crash. The injured person has a claim for their own harm. The uninjured spouse may have a separate claim tied to the same crash. This page explains both paths, along with the deadlines and fault rules that shape them.

Two Claims, Not One: What a Spouse Can Pursue

The injured spouse and the uninjured spouse each may have a claim from the same crash. The injured person’s claim may cover medical care, lost pay and the harm the injury caused to daily life. The uninjured spouse may have a separate loss of consortium claim, explained below.

A traumatic brain injury is an injury that damages the brain. Its effects can change memory, mood, behavior and the ability to do everyday tasks. Those changes reach the whole household, not only the injured person. The Brain Trauma Foundation guidelines describe how these injuries are assessed and managed before hospital care.

The two claims are not the same claim. Each has its own facts, its own damages and its own proof. They may be handled together, but a spouse should understand both. For broader background, read our traumatic brain injury guide.

Loss of Consortium: The Spouse’s Own Claim in West Virginia

Loss of consortium is a claim by the uninjured spouse for the loss of companionship, affection and the marital relationship caused by the injury. West Virginia law says a married woman may sue and recover for loss of consortium to the same extent and in all cases as a married man, under W. Va. Code § 48-29-302.

W. Va. Code § 48-29-302 gives married women the same consortium rights as married men.

Daily life changes matter here. A spouse may take on household jobs, medical appointments and nighttime care that used to be shared. A clear picture of life before and after the crash helps explain what changed. The loss must be tied to the injury from the crash, not to unrelated events.

Emotional Distress and What a Spouse Can Claim Separately

A spouse’s own emotional distress is a separate question from loss of consortium. It depends on the facts of the crash and on how the spouse was involved. Some spouses were in the car or at the scene. Others learned of the crash later, in a hospital or by phone.

Records help show the emotional impact. Counseling notes, medical records that describe the injured person’s condition, and a personal journal of sleep, stress and time spent on care can all be useful. Ask for copies of records as they are created, so nothing is lost.

Keep the focus on the facts you can document. No one can say ahead of time how a particular claim will turn out. Clear, dated notes give a fuller picture than memory alone.

Who Brings the Claim When One Spouse Cannot Act

The injured spouse usually brings their own claim, and the uninjured spouse may bring a loss of consortium claim alongside it. When a brain injury limits what the injured person can do, the family may need to plan who acts for them.

A brain injury can make it hard to manage money, medical choices or legal papers. Families should learn early who has legal authority to sign and make decisions.

The two claims are often handled together. Doing so can help address medical bills, lost income and future care in one process rather than piece by piece. Keep documents such as powers of attorney and medical decision forms in one place.

Damages a Brain Injury Household May Face

Damages are the money a claim seeks for harm caused by the injury. The main categories include medical treatment and rehabilitation, lost earnings and lower earning capacity, future care needs, and changes to household duties. Each category needs its own proof.

A brain injury can also affect driving. A license issue can cut into income and transportation. Read our driver license guide for how that can play out at home and at work.

Federal disability benefits are a separate track. The Social Security Administration describes SSDI and SSI disability benefits, which can apply alongside a civil claim. Lost time at work often grows over months, so track it from the start.

The worth of a claim depends on the medical and financial facts of each case. Those facts include the injuries, the treatment and the work the injured person can still do.

Deadlines and Fault Rules That Shape a West Virginia Claim

West Virginia generally gives two years to file a personal injury lawsuit. Under W. Va. Code § 55-2-12, the period runs from when the right to sue accrues.

The start date depends on the facts of the crash, so the clock should be reviewed early. Do not assume there is extra time. Waiting can narrow options.

Under W. Va. Code § 55-7-13a, “comparative fault” means the degree to which a person’s fault was a proximate cause of an alleged personal injury, death or property damage, expressed as a percentage, and each person’s liability is allocated in direct proportion to that percentage of fault. The injured person is barred only when their fault is greater than the combined fault of all others (W. Va. Code § 55-7-13c).

Each defendant is generally liable only for its own share of fault, but joint liability may be imposed on two or more defendants who consciously conspire and deliberately pursue a common plan or design to commit a tortious act or omission, and on defendants listed in subsection (h). The fault question looks at the crash itself: who had the right of way, who braked, and whether a road or vehicle condition played a part.

Protecting the Claim During the First Weeks After the Crash

An adjuster may ask to take a recorded statement soon after the crash. West Virginia limits some early settlement talks for 20 days after a personal injury, while the injured person is in the hospital or unable to work.

During that window, no one may negotiate a settlement, seek a release, or obtain a statement for settlement use. W. Va. Code § 55-7-11a allows a person acting or intending to act for and on behalf of the injured person to obtain a statement upon the express request of the injured person.

For what a recorded statement request involves, read our recorded statement guide. Families facing early decisions can also review our guide to brain injury decisions.

Keep a simple written record of medical visits, missed work, new tasks at home and changes you notice in memory or mood. Write dates and keep receipts. These notes support both claims.

Talking With the Firm About Your Spouse’s Case

Big Bubba Injury Law handles car accidents, truck and commercial vehicle accidents, catastrophic injuries, traumatic brain injury, spinal cord injury and wrongful death claims for families across West Virginia. We serve Charleston, Huntington, Morgantown and communities across the state.

If your spouse is living with a brain injury and you are deciding whether to pursue a claim for their injuries and your own loss, request a free case review with the firm. Bring your questions and your records.