A Brief Overview On Loss Of Consortium Claims
If your spouse sustains injuries in an accident, you can claim damages by filing a loss of consortium lawsuit. You may have a strong case if you can prove loss of companionship, love, affection, and sexual relations. Before filing a loss of consortium claim, make sure you understand what this legal recourse entails. That way, you can be sure to take the necessary steps to protect your rights and interests. Take a look at what you need to know about a loss of consortium claim.
When Can You File a Loss of Consortium Claim?
You can file this claim if your spouse can no longer participate in activities you used to enjoy together. For example, if your spouse sustained injuries in a car accident that resulted in their paralysis, you may be able to file a loss of consortium claim. Your lawyer could argue that they can no longer perform certain activities with you, like going on walks or engaging in physical intimacy. In some states, a loss of consortium claim is only valid when someone else's negligence caused the injury. For example, if your spouse was injured in a car accident because of a driver's negligence, you can file a loss of consortium claim against that driver.
How Much Is a Loss of Consortium Claim Worth?
The value of a loss of consortium claim can vary widely depending on the circumstances. In general, the more severe the injury, the greater the value of your claim. For example, if your spouse became permanently paralyzed after a car accident, you would likely be able to recover more money than if they were only temporarily paralyzed. Remember that a loss of consortium claim typically compensates you for non-economic losses. That means you cannot get compensation for your spouse's lost wages or medical bills. But, you can recover damages for the intangible losses, such as loss of companionship or loss of intimacy. To know how much your claim may be worth, liaise with an experienced personal injury lawyer. They can review the facts of your case and give you an estimate of the value of your claim.
What Are the Limitations to a Loss of Consortium Claim?
There are a few important limitations to keep in mind when considering a loss of consortium claim. For instance, some states have a statute of limitations for these types of claims. That means you only have a certain amount of time to file your claim. In addition, some states only allow a spouse to file a loss of consortium claim. That means if you are not married to the injured person, you may not be able to file this type of claim.
For more information, contact an injury lawyer in your area.