Can I file suit for Loss of Consortium?

Your question raises several issues: First, did the accident take place in North Carolina? If so, North Carolina law will almost certainly apply. Under North Carolina law, a spouse may maintain a cause of action for loss of consortium due to the negligent actions of third parties so long as that action for loss of consortium is joined with any suit the other spouse may have instituted to recover for his or her personal injuries. Therefore, whether you can sue for loss of consortium depends first on whether your wife has settled her claim against the truck driver and his employer. The second issue is whether the statute of limitations has expired. Most claims by adults in North Carolina must be filed within three years of the date of the accident, but there are exceptions that may apply. Another issue is with regard to the head injury sustained by your six-month-old child. Has the child been evaluated to determine whether he/she sustained a brain injury? This type of evaluation usually requires a specialist. The statute of limitations for injuries to children is different from the limitations period for adults. You should get your case evaluated by an attorney.

So long as the statute of limitations (the time limit to file a lawsuit) hasn't passed, you and your wife should both bring a lawsuit. Your wife for her personal injuries. You for your loss of comfort and support--the basis for a loss of consortium claim. Call a lawyer right away, if you have not done so already.