We shouldn’t underestimate accidents, even when minor. Besides causing physical injuries, they can also induce severe psychological and emotional suffering.
Sadly, there are many accidental injuries in the US. In 2020, 200,955 of them even resulted in death. Coping with the death or a severe injury of a loved one is always challenging and can bring in a whirlwind of emotions. However, there’s a way to ease the grieving process for you and your family.
Read on to discover how a personal injury lawyer can help when filing for a loss of consortium claim.
Loss of Consortium Definition
The loss of consortium action is a claim you can file if you are a relative, partner, or spouse of a victim who has suffered an injury caused by a third party’s negligence.
In this case, consortium is the relationship between the victim and the plaintiff. The compensation is non-economic or general since it claims damages done to the relationship. These types of damages include loss of companionship, comfort, and affection. They also pinpoint sexual constraints and the inability to conceive in romantic relationships.
How to Win a Loss of Consortium
The loss of consortium claim is usually rewarded if the victim passes away or gets a severe permanent or long-lasting injury. In addition, affection or companionship must have been present in the relationship before the accident occurred.
Who Is Eligible?
There are specific criteria on who can file a loss of consortium. In fact, in most states, you can only file a claim if you are referring to a spousal or parent-child relationship.
Keep in mind that each state has different rules. Some exclude domestic partners and only award this claim to spouses. Others don’t even award the claim to children and parents.
Loss of Consortium Limitations
Besides eligibility, some states also cap the rewarded amount for loss of consortium. This varies based on multiple factors – most notably, the insurance policy of the victim and the type of injury endured.
The success of the loss of consortium claim also depends on the success of the personal injury claim. The victim (your partner, parent, or child) must win the case. If not, you, as a partner or family member, can’t file a loss of consortium.
Should You File A Loss of Consortium?
A loss of consortium can bring many benefits to partners, spouses, and family members. However, the entire process can be turbulent and emotionally draining. The lawyer and court will scrutinize your whole relationship to determine whether it was stable before the injury.
As a result, many questions will be considered, including the duration and nature of your relationship, history of abuse, living arrangements, which activities you did together, and so on. So, before starting the process, be prepared for emotionally challenging situations.
Consult With An Experienced Personal Injury Attorney
Your loved one’s insurance policy and personal injury case are closely intertwined with the success of your loss of consortium claim. Therefore, you must consult with attorneys specializing in insurance and personal injury.
And Haffner Law is a perfect choice. Our team consists of highly qualified attorneys specializing in personal injury, bad faith insurance, property damage, and class action lawsuits. We are experienced, reliable, and ready to get our clients the justice they deserve.
Schedule a free consultation today with our hardworking legal team and get all your legal questions answered!