The loss or significant injury of a loved one can change your world in an instant. After the accident happens, you are now faced with the challenge of dealing with your loved one’s health and emotional issues from the accident or processing your grief over your loss. In either case, your relationship with your loved one has changed – all because of this accident
However, did you know that there is something called “loss of consortium” that can help you through this challenging time? It may be a new term to you, but loss of consortium is actually quite common. Here’s a brief overview of this concept so you can decide if it would be right for you.
What Is Loss of Consortium?
After an accident happens, the victim has to physically and emotionally heal. This can strain relationships with close family members, and they can start to feel robbed of quality time with their loved one.
If your spouse/partner, parent, or child has been a victim of an accident that has impacted their ability to show love and affection for you, you are eligible to file for a loss of consortium claim. When you file a loss of consortium, you are suing the person responsible for your loved one’s accident for damages on your behalf. Essentially, because of the wrongful injury they have caused your loved one, they are causing you personal pain and anguish.
In cases where the loved one was fatally injured, the family is still eligible to file a loss of consortium claim. Obviously, when a loved one is no longer there, it completely ruins the ability for the loved one to show love to his or her family.
What Is an Example of Loss of Consortium?
Let’s say your husband was injured in an accident that left him paralyzed from the waist down. His new paralysis might prevent him from being intimate with you. It also might cause incontinence. These severe and enduring injuries change the dynamic of your personal relationship and are good examples of when you should sue for loss of consortium.
How Can You Recover Damages from Loss of Consortium?
After you sue the responsible party, you will present information to show how your loved one is no longer able to show love and affection. Be warned, all aspects of your personal life will be discussed and examined. Then, a judge and jury will review several components to try to guess a dollar amount that suits your situation. Because emotional loss doesn’t directly correlate with money, this is a completely subjective process.
Are You Suffering from the Loss or Injury of a Loved One?
If your loved one was injured or killed in an accident, you are also suffering along with them. At Inkelaar Law, we can answer any questions you may have about loss of consortium. Then, if you decide to file, we can help you proceed with your case. Our knowledgeable experts are ready to talk to you. Give us a call today at (877) 537-4665 or contact us online.
