Exploring Loss of Consortium Damages in a Personal Injury Case

Money is not the only thing an accident victim will lose. In fact, accident victims incur more non-economic losses than economic losses. Some of the economic losses a victim will incur include:

  • Pain and Suffering
  • Loss of Quality of Life
  • Emotional Distress
  • Disfigurement
  • Loss of Consortium

Luckily, you are also allowed to seek compensation for non-economic losses. You can get up to five times your economic damages as compensation for your non-economic losses in some cities, depending on the severity of your losses. Have an experienced attorney by your side when filing a personal injury claim to maximize your compensation.

Non-economic damages are a major part of your settlement. Losing it would significantly affect your compensation. Insurance companies are masters at lowering your compensation, which is why you need a lawyer.

This blog post explores one particular type of economic loss—loss of consortium.

What is Loss of Consortium?

Loss of consortium refers to the lack of intimate relationships a victim will experience. This is also known as loss of companionship. Usually, loss of consortium occurs when a person is killed due to someone else’s negligence. This type of loss is usually experienced by spouses or partners. You can sue for loss of consortium in a personal injury case if you have lost a loved one due to another person’s negligence.

Types of Losses Covered in Loss of Consortium

Loss of consortium has many sub-categories. Losing a partner can inflict many different types of pain on the surviving partner. The losses you can expect to be covered as loss of consortium are:

  • Lack of companionship
  • Lack of affection
  • Unable to take part in couple’s activities
  • Lack of sexual intimacy

Non-economic damages are subjective, especially loss of consortium. Only you know what you are going through. Convey your emotions to your lawyer clearly so that they can work on getting you the compensation you deserve.

Who Can File for Loss of Consortium?

Initially, loss of consortium could be claimed only by spouses. It was introduced to compensate for their lack of sexual relationships and inability to bear children. However, many states have expanded on who can bring a loss of consortium claim. The following are the people who can bring a loss of consortium claim:

  • Spouses
  • Domestic partners
  • Children and parents

How to Prove Loss of Consortium

Proving the loss of consortium is the same as proving other non-economic losses.

  • You need to establish a relationship with your spouse
  • Show that your partner died due to the defendant’s negligence
  • Show that you suffer from a loss of companionship due to your partner’s death

Basically, fulfilling the elements of personal injury law is what you need to do to prove loss of consortium. Honestly, you don’t need to worry about it since your lawyer will take care of it.

Final Thoughts

Losing a loved one is painful. Losing a loved one due to negligence can be even more painful. The loss of companionship you will experience can never be compensated with money. But filing a claim to hold the negligent party accountable for their actions is important. So do not refrain from filing a claim.

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