Motor vehicle accident; my husband was injured by an uninsured motorist and presented and settled an injury claim.
I recently as his spouse submitted for a loss of consortium claim and they are attempting to use the release my husband signed (I am not named nor are any heirs etc). How can they use this release to block a derivative claim that he wouldn’t even be able to present?
That is correct. Your loss of consortium claim is a derivative claim and not your own separate claim. His release more than likely may have released your claim. I highly suggest that you have an attorney review the release to determine if you still have a valid claim.
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