When someone in your family has been injured due to the neglect, carelessness, or fault of someone else, you should talk with a personal-injury lawyer. Your loved one deserves to be compensated for any medical bills and lost wages caused by the accident. In addition, there should be some type of monetary value for the physical pain and emotional suffering he or she endured. If the injuries have caused a change in your relationship, you may be able to file a claim for loss of consortium too. Here is a bit of information about this type of claim.
Loss of Consortium?
Loss of consortium is a legal claim for damages you suffer when your loved one can no longer provide the same level of care, nurturing, love, affection, companionship, or sexual relations due to his or her injuries. A few examples would be a child claiming loss of consortium when a parent is paralyzed and can no longer play with or hold the child. If your spouse was emotionally traumatized and is no longer able to participate in sexual relations because of the trauma, you can file this type of claim as well. The claim can be made by a child, parent, or spouse.
Evidence for Loss of Consortium
Before you go ahead with a claim, there are a few things you need to understand about proving the loss. If the injured person is your spouse, your marriage is going to be scrutinized. If there have been any separations, counseling, or evidence that your marriage was not all lovey-dovey, it could be hard to win the claim. You need to be able to prove that you are truly suffering from the loss. If it is a child making the claim due to an injured parent, the case can depend on how much time the two actually spent together. For example, if the child is in school, and the injured parent works an evening shift, and then the child goes to the other parent on weekends, it would be hard to prove there is much difference in the child's life. Be prepared to have your private life made public.
Limitations on Loss of Consortium
Before having your life examined, find out if the amount you can receive is going to be worth it. Some states have a limit on how much can be claimed, and the amount you do receive will depend on the extent of the injuries and what the court decides your suffering amounts to. In addition, an insurance company may have limits on how much can be claimed for each accident. In other words, if the insurance is only going to pay $250,000 maximum for an accident, and the medical bills have already accounted for $245,000, you may decide it is not worth it to go through the whole process for $5,000.
You definitely deserve to be compensated if a loved one has been injured and the injury has changed your life. Talk to a personal-injury lawyer to discuss the possibility of filing a loss of consortium claim. It won't make your life the way it used to be, but maybe the money can be used to work toward creating a new norm.
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