When Your Spouse's Name Should be on the Settlement Check

If I am married is it necessary for my spouse’s name to be on my personal injury settlement check? Lyndon, USA

No, it is not necessary for the name of your husband or wife to be on your personal injury check. (Your personal injury claim was not like buying a lottery ticket.) The payee name on the settlement check should the name of the person who suffered the injury, as well as the name of their attorney if one was involved, and perhaps the name of any medical lien holder (but any amount of the personal injury settlement injury check that is owed to a medical provider and subject to a lien may be separated out and paid with a separate check).

The exception to this would be if your husband or wife had made a loss of consortium claim because of your personal injury claim. Then the money owed to your spouse (their damages) is part of the entire personal injury claim; thus one check can be issued for the entire settlement amount or the total can be split and two separate checks issued.

For example, say that you were injured in an automobile accident that was not your fault and those injuries caused you to be unable to contribute emotionally (or physically) to your marriage as you would otherwise. Your spouse can then add a claim for loss of consortium onto your personal injury claim. When you reach a settlement agreement with the at-fault driver’s insurance company for $10,000 (remember, this is just an example), $2,000 of that might be because your spouse complained about losing your companionship for a while.

Then the insurance company can either issue one check for $10,000 made payable to you and your spouse, or issue one check for $8,000 to you and one check for $2,000 to your spouse.

We hope this answers your question. Feel free to contact us again with any questions, and thank you for visiting our website.

This article is written for informational purposes and is not intended to take the place of competent local legal counsel.

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