What Is Loss of Consortium in a Personal Injury Claim?
Loss of consortium, also known as loss of companionship, is one form of damage you can pursue if your spouse died or was injured in an accident that was the fault of someone else’s reckless behavior. These accidents include car accidents, workplace injuries, and medical malpractice.
When your spouse is no longer able to provide financially, emotionally, or in any other way, this affects not only that individual but the whole family as well. This is especially true if your spouse died because of the accident.
If you have lost the support of your spouse because of their injuries or wrongful death, you might be able to recover compensation for these damages. Contact our law firm right away for help getting the financial support you deserve at this difficult time.
What Damages are Included in Loss of Consortium?
At our law firm, we understand that no amount of financial compensation will bring your spouse back or reverse the damage done in the accident. However, having financial support can lighten the burden that has been placed on your shoulders.
Some ways that loss of consortium affects a family are:
- Loss of moral support
- Loss of income
- Loss of services, such as when a spouse takes care of the home and children
- Loss of sexual relations
- Loss of ability to have children
- Loss of enjoyment of the marriage
- Loss of emotional support
How Do I Prove Loss of Consortium?
Proving loss of consortium can be complicated without the help of experienced personal injury attorneys. You will need to prove several facts in order to collect damages for the loss of companionship you have suffered.
Some items that need to be proven in order to collect damages for loss of consortium are:
- The other party owed you a duty of care, such as driving safely to prevent an accident.
- The duty of care was breached by the at-fault party.
- The other person’s failure to maintain a duty of care resulted in severe injuries or death to your spouse which severely affect your life.
- Your marriage was loving and stable.
- You enjoyed a level of care and companionship with your spouse.
- Your spouse provided for you and your family financially.
- Your spouse assisted with care of the family and household.
Can Our Personal Injury Lawyers Help You?
If you are suffering because of injuries that harmed your spouse, you could collect compensation for the harm done by the other person. These injuries can be difficult to prove because they are not tangible losses. However, with the help of an experienced personal injury law firm, you can receive compensation for the damage done to you and your family.
At our law firm, we firmly believe that each individual who was harmed because of someone else’s negligence deserves to see justice. When the harm has come to your spouse, they are not the only ones affected. You may be suffering because of a new lack of income and support, as well as losing the companionship you once enjoyed. Contact us right away to get help recovering damages for loss of consortium today at (702) 793-2326.