Month: September 2017

What is Loss of Consortium?

What is Loss of Consortium?

There are many different types of damages that you may be awarded in a personal injury claim, including compensation for the loss of consortium. Unlike other types of compensation, loss of consortium damages are not awarded to the victim. Who are these damages awarded to? When are you entitled to receive them? Here’s what you need to know:

Injuries Affect the Entire Family

Catastrophic injuries such as brain or spinal cord damage can severely impact the quality of the victim’s life. It can also affect other members in the family, especially the victim’s spouse who may have to take on additional responsibilities due to the victim’s injuries. The injuries could also lead to a strain in the relationship as the victim experiences emotional changes such as mood swings, depression, and anxiety.

The spouse who is suffering as a result of the victim’s injuries can file a claim to recover loss of consortium damages from the at-fault party.

The Losses Suffered by the Spouse

These damages are meant to cover the loss of support, companionship, and affection that the spouse may experience because of the victim’s injuries. In addition, loss of consortium damages are supposed to compensate the spouse for any loss of services. For example, let’s say prior to the victim’s injury, he was responsible for staying home and taking care of the children while his spouse worked. If he can no longer do this because of limitations caused by his injuries, his spouse should be compensated for this loss.

Loss of consortium damages are also used to compensate a spouse for the loss of a sexual relationship with the victim. For instance, if the victim suffered severe injuries that prevent him from having a sexual relationship with his spouse, the spouse may be compensated for the loss of this intimacy.

To determine whether you should pursue loss of consortium damages, consult with a personal injury attorney. It may be difficult to prove that you deserve loss of consortium damages in some cases, especially in those where the injuries are not severe or the spouses were not in a happy marriage at the time of the accident. An attorney can thoroughly review your case and advise you on this matter.

If you are suffering as a result of your spouse’s injuries, contact the attorneys at Reisch Law Firm right away. We will immediately begin to review your case and calculate the value of your claim so we can recover the compensation that you deserve. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.