If You Suffer a Personal Injury, Does Your Family Member Have a Claim?
When an accident results in a personal injury, a spouse may be able to file a lawsuit as well for what is known as “loss of consortium.” This is a claim for damages due to the victim’s inability to provide the love, companionship, affection or comfort and/or sexual relations to a spouse or partner that they were able to provide before the accident occurred. There are several different factors that go into determining whether a loss of consortium lawsuit can be filed, so it will be imperative to have an experienced attorney on your side before making this type of decision.
How Loss of Consortium Is Calculated
In most instances, loss of consortium will not be awarded unless the victim of the accident either dies from their injuries or suffers a severe, debilitating condition such as amputation or paralysis.
This form of injury will typically fall under the category of general damages, which are non-economic in nature. In other words, they are losses for which money can only provide rough compensation. Some of the examples of general damages include:
- Embarrassment or humiliation
- Emotional distress
- Loss of companionship, society and/or reputation
- Mental anguish and shock
- Physical pain and suffering
If you are considering filing a loss of consortium lawsuit, it’s important to note that any type of award you may receive will be solely up to the discretion of the jury or judge in your case. Loss of consortium damages can often be very complex when it comes to quantifying them, so you will need an expert working on your behalf who can accurately determine the monetary value of your claim.
Limitations on a Loss of Consortium Claim
There are some limitations to a person’s ability to file a loss of consortium claim. For example, if you and your spouse were divorced at the time of the accident, your ability to pursue damages could be affected. There could also be insurance policy limitations that set a cap on the amount the provider will pay, and you might find it difficult to obtain more compensation than is allowed by the insurance policy.
Talk to Our Firm About a Loss of Consortium Lawsuit
Please do not take any legal action without the help of an experienced, skilled attorney. At Doroshow, Pasquale, Krawitz, and Bhaya, we treat all our clients with the utmost care and make sure they are completely aware of all their legal options. Our attorneys take the time to thoroughly understand both our clients as well as their cases — you’ll never have to worry about being just another file. We will keep you updated through all phases of your case and be committed to providing you with the most positive experience possible.
If you insist on working with a law firm that will give you the respect you deserve, look no further than the passionate professionals with Doroshow, Pasquale, Krawitz, and Bhaya. Please contact us to schedule a confidential consultation.