Loss of consortium is a type of damage that can be claimed in a vehicle accident case. This form of damage is not as commonly known as others like medical expenses or lost wage reimbursement. Here's what a vehicle accident victim should know about this form of damage:
What Is Loss of Consortium? Loss of consortium refers to the loss of companionship, affection, emotional support, and intimacy suffered by a spouse or family member due to the injuries sustained by the accident victim. It recognizes that the injuries can impact not only the accident victim but also their loved ones. Anyone who has suffered alongside a loved one who is ill will understand the connection.
Who Can Claim Damage? Typically, loss of consortium claims can be made by the spouse of the injured party. However, in some cases, other family members such as children or parents may be eligible to make such a claim. Eligibility requirements may vary based on the state where the accident occurred, so it's important to consult with a personal injury lawyer to understand your specific situation.
Factors Considered: When assessing a loss of consortium claim, several factors are taken into account, including the nature and extent of the injuries suffered by the accident victim, the impact on the relationship between the victim and their spouse or family member, and the duration and permanence of the injuries. For instance, the damages for the primary caregiver of minor children of a family can extend to all types of housekeeping, cooking, transporting, and other duties.
Non-economic Damages: Loss of consortium falls under the category of non-economic damages, meaning it compensates for intangible losses rather than financial losses. It aims to provide compensation for the emotional distress, loss of companionship, and other non-monetary impacts experienced by the spouse or family member.
Provide Evidence: To establish a loss of consortium claim, it is important to gather supporting evidence. This may include testimonies from the injured party, the spouse, or family members regarding the impact on the relationship, evidence of the quality and nature of the relationship before and after the accident, and expert testimony if necessary.
Obtain Legal Representation: Loss of consortium claims can be complex, and their value may vary based on various factors. It is advisable to consult with an experienced personal injury lawyer who can assess the strength of your claim, guide you through the legal process, and help maximize the potential compensation for loss of consortium and other damages.
For more info, contact a local car accident lawyer.Share