When you are hurt or lose a loved one in an accident caused by another person’s carelessness, recklessness, or intentional wrongdoing, then you have the right to seek compensation. In some cases, you go through their insurers and ask for a settlement paid out from an insurance policy. In others, you sue them directly.
In either case, you can pursue compensation for your economic and non-economic damages, though these vary if you are the injured individual or a surviving family member. Your economic damages include your financial expenses and losses that result from the accident, such as medical expenses. Your non-economic damages involve a number of types of physical, psychological, and emotional suffering, including loss of consortium.
To learn more about the types of damages that entitle you to compensation after an accident, call us at Studinski Law, LLC at (715) 343-2850 for a free case consultation and to learn more about personal injury resources that may prove helpful in your case.
Loss of consortium refers to damage to the physical, emotional, and sentimental relationship between family members – typically spouses – after an accident. It encompasses love, affection, society, marital and parental services, and sexual relations. When someone files a claim for loss of consortium, they allege that there has been damage done to their relationship with their husband or wife.
A claim for loss of consortium arises when you are injured and no longer able to maintain the same type of relationship with your spouse. This may be because you cannot have the same sort of sex life. It may be because as a husband or wife, or father or mother, you cannot participate in taking care of the home or raising the kids like before. It can also arise when your injuries have simply taken too much of a toll on your relationship and there is a decrease in love and affection.
This claim is not brought by you, the injured individual. Instead, it is brought by your spouse who is now suffering independent damages. Your husband or wife may not have been injured in the accident, however now they are suffering due to your injuries and new limitations, and they deserve to be compensated for the harm done to them.
If you or your spouse are claiming loss of consortium during a personal injury case, then you need to discuss how to prove this claim. An insurer or court will look at a variety of factors, including:
For the spouse of an injured individual to receive compensation, they need to prove that the marriage has been significantly altered due to the accident and injuries. A spouse is unlikely to receive compensation for loss of consortium if their spouse’s injuries were not severe.
If you were hurt in an accident or your spouse was killed, you should speak with an attorney at Studinski Law, LLC about loss of consortium and other economic and non-economic damages. Following the loss of a spouse, you may be able to seek compensation for this damage. We can help you evaluate your loss and determine an appropriate value. If you were injured, your husband or wife may have a claim for the damage done to your relationship. We will discuss with you how this fits in with your personal injury insurance claim or lawsuit and the potential value of your spouse’s claim.
In every case, a loss of consortium claim is unique. Let us work with you to determine the best way to approach your case and this claim. Contact us at (715) 343-2850 to schedule an initial consultation.