Legal Question in Personal Injury in Ohio

Re: Receiving the Settlement

The insurance company has the right to have your wife sign off on the settlement to protect their interests as she had a potential claim for loss of services caused by your injury. Her signature on the release papers or check is usually required. If she will not sign off and you were separated or otherwise not living as husband and wife and thus her claim for loss of services was worth nothing, you could file a claim either in domestic relations court or common pleas court to get her to relinquish her rights. If all else fails you can sign a hold harmless clause that you will protect the insurance company in the unlikely event that she comes back and files a claim in the future for what she thinks she is entitled to as a result of your injury. I would suggest to the insurance company that the check does not have to be made out to both of you and that there are other ways that they can protect their interests as outlined above. Good luck.

Re: Receiving the Settlement

Often times when you a married individual gets into an accident, the spouse also has a claim for loss of consortium. This is to compensate your spouse for your lost services around the home (from cleaning, being baby-maker, providing income, etc.) In this way, the insurance company is cleaning up all its liability by having your wife sign off as well.

Re: Receiving the Settlement

Your wife has a possible cause of action for loss of consortium. Therefore, her signature is required on the release to release any claims she may have.

Gregg Manes