- December 19, 2014
- In auto Accidents
When you are injured in an accident that was caused by another party’s negligence, you may be entitled to many forms of compensation, including loss of consortium. Loss of consortium is a claim for damages in a personal injury lawsuit brought by the spouse or family member of the individual who was injured or killed by the negligent actions of another party.
Loss of consortium was designed to compensate the deceased victim’s loved ones for the lack of love, affection, companionship, comfort or sexual relations that the victim is no longer able to provide due to the injuries resulting from the accident.
How to Calculate Loss of Consortium?
Loss of consortium falls under the category of general, or non-economical, damages. General damages refer to any type of damage in a personal injury lawsuit that cannot be evidenced by a receipt.
Like other general damages, loss of consortium is difficult to quantify. Your Los Angeles personal injury attorney may need to consult an expert to provide a more precise value for your loss of consortium claim.
Who Can Sue for Loss of Consortium?
Historically, only the victim’s spouse was entitled to seek loss of consortium. However, many states have recently relaxed the spouse-only requirement to allow committed partners and same-sex couples to claim loss of consortium.
In addition, some states also permit children and parents of victims to file a loss of consortium claim for lack of nurture, affection, and care. In order for the parent or child to successfully bring a loss of consortium claim, they have to show that their relationship with the injured or deceased victim was irrevocably altered by the accident.
Weigh Your Options Before Making a Loss of Consortium Claim
Before you bring a loss of consortium claim, it is important that you consider several important facts. One, by claiming loss of consortium, you will put at issue the private and intimate aspects of your marriage. You may even have to testify about these private issues in a deposition or during trial. Two, if your marriage has suffered any hardships prior to the accident, a loss of consortium claim may make it even worse.
The bottom line is, you should discuss all of your options and your concerns with your Los Angeles personal injury attorney before bringing a claim for loss of consortium.
Call Us Today!
For more information or to schedule a complimentary consultation with an experienced Los Angeles personal injury lawyer, please call the Law Offices of Samer Habbas at 1-888-848-5048.
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