Loss of Consortium Claim: 7 Things You Need to Know

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If you or someone you love has been in an accident, then you might wonder what to do next. The number of preventable deaths in the United States rose to 10% in 2016. An American is killed every 3 minutes and accidentally injured every second.

While it might seem overwhelming to determine what to do next, there’s hope. This guide will take a look at the loss of consortium claims. Read on to learn what it is and how it can help you and your family in the future.

1. What Is a Claim for Loss of Consortium?

There are different personal injury lawyers that have experience in this and you can check them out online. This is when a claim is filed on behalf of a domestic partner or spouse for any damages experienced due to another person. The injuries that the victim faces might cause permanent problems in the relationship as well.

This can cause:

  • Loss of a relationship
  • Sexual constraints
  • Unable to have children
  • Marital strains
  • Not doing activities together

The loss of consortium claim value is in order to compensate the spouse for the injuries that their spouse faces. They tend to be non-economic conditions. Keep in mind that the claim needs to be won in order to receive damages.

2. How a Loss of Consortium Value Is Determined

Oftentimes, the losses are left up to the jury or judge. Since they’re difficult to add value to, sometimes you’ll need an expert to provide value to them.

3. Who Can File a Claim?

Certain states allow a parent or child to file. They could argue that their child or parent isn’t able to provide the same care required. In this situation, you need to show that the relationship was changed by a physical injury.

4. What To Expect After Filing a Claim

Keep in mind that when you begin a claim of a loss of consortium value, then your relationship will be questioned and investigated. For any separation or infidelity, they might be discussed.

When you do want to file a claim, speak with your lawyer about what to expect. Each state will vary when it comes to the conclusion and requirements.

5. Should You File a Loss of Consortium?

Injuries happen often, it’s up to you to decide if you and your spouse or family member can move on from this. Accidents can cause permanent damage in certain situations, including mental damage.

If you or a loved one has suffered due to an injury, you might be able to receive compensation. This compensation can be a large amount. For any questions or concerns that you have, it’s important to reach out to a lawyer who specializes in the loss of consortium.

6. Proving a Loss of Consortium

First, describe the current living arrangements of your spouse. Next, take a look at the life expectancy after the accident.

State if it was a loving marriage before the accident. Who will take care of responsibilities around the home now? Even in car accidents that mentally affect your spouse, you can put in a claim for these damages.

While the law varies by state, you’ll want to prove that you and the injured person were in a relationship living together before the accident and after. Next, show that the death or injury is due to the accident or injury.

Due to the injury, your loved one will suffer. Whether that’s through a lack of affection, sexual relations, etc. You need to prove that it’s ongoing even though the relationship persists.

7. How to File

Normally this claim is part of a personal injury lawsuit. Your lawyer will determine your defendant’s fault in the case. They’ll also determine costs including medical expenses.

They’ll be able to let you know if you have a case and how it’ll be presented. They can also let you know if you can get a positive outcome from it as well.

How To Find a Personal Injury Lawyer

First, take a look online through the search engines for a personal injury lawyer. Look at the lawyers who come up first in the search.

Next, look at their reviews on their website and on the search engines. If they don’t have that many reviews, consider reaching out to them and asking for referrals.

Write down a list of the lawyers and see if they offer a free initial consultation. Before the consultation, you’ll want to write down your notes and any questions that you have. Take the notebook with you so that nothing is forgotten.

Ask the lawyer for their previous experience similar to yours. Along with this, you’ll want to know how the cases turned out.

Make sure that you determine your budget and choose a lawyer that’s affordable for you. When you meet with the lawyer, make sure that there are no hidden fees that they didn’t go over.

The lawyer that you choose should be someone with who you’re comfortable speaking and who will answer your questions and concerns before and during the case.

Understanding What a Loss of Consortium Claim Is

After exploring this guide, you should have a better idea of what a loss of consortium claim is and if it’s right for you. Take your time speaking with your lawyer and coming up with an action plan for the courts.

Would you like to read more informational guides with content that you won’t want to miss? We can help!

Check out our other articles today. From easy-to-follow how-tos to actionable guides, we have you covered.

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