Crows Landing, CA Personal Injury Law Firms & Lawyers

In Florida, merely because you fell in a grocery store does not make them liable; in order to prevail in a claim against the store, the store (through its employees) has to be negligent. In other words, simply because there is milk on the floor does not make them liable. The milk could have been spilled by another patron just a few minutes before you slipped and fell in it, and in that case, what could the store have done to prevent it? If you can prove that the milk had been down on the floor for a long period of time (i.e., cart tracks through the milk) then you can argue that the store employees should have noticed it and cleaned it up. If you can't prove how long the milk had been on the floor, or that it was a store employee who spilled the milk, then you probably will not be able to make a recovery. The extent of the injuries are not dispositive of whether you can prevail in making a claim, just what the claim is worth if you can prove the store or its employees were negligent.

Is she a named Plaintiff in the litigation? If so, she has an interest in the case. If no litigation has been filed yet, she still has a theoretical claim, but same is usually known about by the divorce lawyers and dealt with by the terms of the Judgment of Divorce. If in the JOD, you will find your answer there. In any event, the claim, if it exists, is for "consortium" which would be the diminution, if any, in your marital relationship attributed to injuries to you in the crash. That is subject to your, her and any professional testimony on that issue. What are the facts in that regard? Her claim is only as good as those facts.