Suffering an injury in a car accident does not only affect the victim but their family members as well. Because of the injury, the victim’s spouse may be affected in various forms. For starters, they may be deprived of the family earning if the injured person is the only earner in the family. Moreover, the injuries can have an impact on their marriage and relationship as well.
If your loved one is injured or killed in an accident due to the wrongdoing or carelessness of another person or entity, you can bring a legal claim. While no amount of money can bring back your loved one, filing a compensation claim and recovering money from the liable party can provide a sense of justice. Visit this page to know more.
What does “Loss of Consortium” mean in damages?
The loss of consortium, by legal definition, is when a spouse or domestic partner brings a legal claim for recovering damages against another party who caused an injury to their partner or spouse due to their wrongful or negligent actions. Injuries sustained in an accident can have permanent effects and have permanent ramifications for the relationship.
Some common ramifications include:
- Strains in the marriage
- Loss of companionship
- Not being able to do activities together
- Sexual constraints
- Not being able to bear children
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How is loss of consortium damages calculated?
Loss of consortium falls under the category of general damages (non-economic damages). Other examples of non-economic damages include pain and suffering, mental anguish, emotional distress, etc. Calculating non-economic damages like loss of consortium is more complex since there is no dollar value of emotional and mental pain.
Who can claim loss of consortium?
Not everyone can bring a claim of loss of consortium. It is only allowed by limited family members of the victim. Generally, those who can bring a claim include the following:
- The spouse of the victim could file a claim if the accident resulted in injuries that affected their relationship or if their spouse was killed.
- The children of the victim can file to recover the loss of protection and care.
- Parents of the victim can file for the loss of their child but under the wrongful death lawsuit.
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How to prove the loss of consortium?
Proving loss of consortium can be tricky since it is not easy to put an accurate dollar value on your suffering. Still, the plaintiff must demonstrate the following to make a claim successful.
- Validity of the marriage or domestic relationship.
- The victim suffered an injury due to the negligence of the other party.
- The spouse suffered from a loss of consortium.
- The loss of consortium happened due to the injuries of the victim.