Legal Question in Personal Injury in Michigan

Re: Loss of consortium

Your spouse cannot bring a separate suit for loss of consortium. The spouse's suit must be included in yours. It is known as a derivative suit. The spouse's claims piggyback your claims. You can always switch attorneys if you ar dissatisfied. When a client wishes to make such a switch, I inquire who the prior attorney is to make sure that I will be able to satisfy the client. In other words, if the client's dissatisfaction is rational and justified, I will then take over the case and work out any fees owed to the prior attorney. The client pays the same fee no matter what. If you wish to discuss the case, call me at 248-353-9400. Bill Stern

Re: Loss of consortium

Your wife does have a claim for loss of consortium, but it is what is considered a derivative claim, in other words, she has damages because you were injured. I do not believe she can bring a separate lawsuit, but your complaint could be amended to make her a party to your lawsuit.

I am concerned about your comments regarding the status of your case, the fact that your insurance carrier is denying you coverage, and your statement that you are very dissatisfied with your current representation.

If your no-fault carrier is denying you coverage, there is a one year statute of limitations for making a claim, which provides that if you made application within the first year after the accident, you can bring suit after the one year, but can only recover benefits dating back one year from the date you bring suit.

It would be my recommendation that if you are very dissatisfied with your current representation, you should promptly consult another attorney and obtain his or her opinions as to the various issues you have with your claims and your current representation. It may be that your current attorney is doing a fine job, or that your rights are being lost with each day that passes, or something in between. The only way to be sure is to get a second opinion from an unbiased attorney.

While my office is in Saginaw, I regularly practice in Clare County, and would be happy to meet with you without obligation to discuss these and other issues. Please check out my website at www.prine.biz, and then contact me at my toll-free number, 888-221-0844, to arrange an appointment at a location of your choice.

I look forward to hearing from you.

Andy Prine