Personal injury law is a complex area of law that can be difficult to navigate. One of the most important aspects of personal injury law is the concept of loss of consortium. Loss of consortium is a legal term that refers to the loss of companionship, comfort, and support that a person experiences when their spouse or family member is injured due to the negligence of another person. In this article, we will discuss what loss of consortium is, how it is calculated, and whether or not you can recover damages for loss of consortium in a personal injury case.
What is Loss of Consortium?Loss of consortium is a legal term that refers to the loss of companionship, comfort, and support that a person experiences when their spouse or family member is injured due to the negligence of another person.
This includes physical and emotional losses such as the inability to have sexual relations, the inability to provide emotional support, and the inability to provide financial support. Loss of consortium can also include the loss of services such as childcare, housekeeping, and transportation.
How is Loss of Consortium Calculated?The amount of damages that can be recovered for loss of consortium depends on the severity and duration of the injury. Generally speaking, courts will consider factors such as the age and health of the injured party, the length of time they were unable to provide services or companionship, and any other losses that may have been incurred due to the injury. In some cases, courts may also consider any medical expenses that were incurred as a result of the injury.
Can I Recover Damages for Loss of Consortium in a Personal Injury Case?Yes, you can recover damages for loss of consortium in a personal injury case.
In order to do so, you must be able to prove that your spouse or family member was injured due to another person’s negligence. You must also be able to prove that you suffered a loss as a result of this injury. If you are able to prove these elements, then you may be able to recover damages for your losses. It is important to note that not all states allow for recovery of damages for loss of consortium in personal injury cases. Some states have laws that limit or prohibit recovery for these types of losses.
Therefore, it is important to check with an experienced personal injury attorney in your state to determine if you are eligible for recovery.