Most people don't realize, while others simply haven't considered it, but you can actually file a personal injury suit against your spouse. In the past, common law considered a married couple as a single entity. Therefore, suing a spouse was tantamount to suing one's self. Therefore, you couldn't sue your spouse and this was termed as spousal immunity.
Additionally, legislative bodies believed this might lead to disharmony in marriages or even collusion by the couple. However, things have since changed in many jurisdictions. However, you should still approach such cases carefully to increase your chances of winning.
Limit Communication About the Case with Your Spouse
One of the first things your insurance company is likely to claim when you bring an injury claim against your spouse is that the two of you are colluding. Considering the fact that the two of you are in a relationship and probably live under the same roof, it's not an unreasonable idea especially if you consider the fact that it will be the insurance company that will likely pay and not your spouse.
To limit the possibility of this, the facts of the case must be preserved and not betray any influence from the other party.
Gather as Much Evidence as Possible
The evidence is the most important thing in a court case and thus, you should have as much of it as possible. This means taking photos of the accident scene and the injuries sustained. You should also seek medical attention ASAP so you can have evidence that's backed by medical experts.
Having evidence is particularly important in the context of certain laws which may prohibit one spouse from testifying against another. For example, the marital communications privilege allows your spouse to stop you from disclosing confidential communications between the two of you. However, this privilege doesn't exist in all jurisdictions.
Hire a Good Attorney
A good attorney can make all the difference in the world. A good personal injury law firm can greatly increase your chances of winning the case. You should remember that although you're suing your significant other on paper, it's the insurance company that actually pays out. Therefore, you'll be going up against a company with significant resources who will exploit any shortcomings in the case brought against them.
An average attorney may get the job done, however, a good attorney will ensure that you don't settle for less than what you're really owed.