Legal Question in Personal Injury in Pennsylvania

Re: Can one spouse sue another?

Spousal immunity has been eliminated in PA. However, the PA Supreme Court has held that the trial Court should scrutinize cases involving families, for fraud.

Re: Can one spouse sue another?

Yes, one spouse may sue another. I offer free consultations.

Re: Can one spouse sue another?

Yes...and no.

Interspousal immunity limits these lawsuits. However, as of a year or two ago, insurance companies were required to provide insurance coverage for matters such as these, if the policy holder selected them. Needless to say, the insurance companies did not aggressively market this coverage.

Write with more questions.

Good Luck.

RRG

Re: Can one spouse sue another?

Simple question, and 3 different answers. Unfortunately, one of them is completely wrong. Spousal immunity was abolished a long time ago in Pennsylvania. One of the weaker arguments in favor of such immunity was the possibility of collusion or fraud, if family members can bring a suit. Also, destruction of the family unit, etc.

The courts responded to that argument by pointing out that the courts are equipped to detect and deal with fraudulent or exagerrated claims. (that remains true, despite the tort reform lobby's campaign to trample the rights of the most seriously injured innocent victims under the banner of "frivolous" lawsuits.) But I digress.

I don't think there's a formal doctrine that spousal claims deserve special scrutiny. All accident victims face fairly rigorous scrutiny, whether suing a loved one or a stranger.

Re: Can one spouse sue another?

In Pa there is no prohibition against such suits. The perhaps more important question is whether the spouse as an insured under the same policy can make a claim against her own liability coverage for the conduct of a spouse.

There is case law I have reviewed which suggests this is a potential serious problem. I haven't researched this issue recently however and there may be exceptions in recent case law. Moreover there might be some special provision in your insurance policy which governs this issue. Speak to your insurance broker and consult a lawyer in your locale.