Can Injured Victims Claim Loss of Consortium?
Posted in Personal Injury on January 26, 2022
An unexpected accident can severely disrupt your life, impacting your ability to work, participate in your favorite hobbies, and spend time with loved ones. In many cases, you can experience loss of consortium, or the deprivation of a relationship with your spouse or partner.
Loss of consortium can be very difficult to cope with. If someone else is responsible for your or your spouse’s accident, however, you could pursue legal action against him or her. By filing a loss of consortium claim alongside a personal injury lawsuit, you and your spouse can recover the compensation that you deserve.
What Is Loss of Consortium?
Serious injuries can greatly affect day-to-day activities. The victim may be unable to walk or move without assistance. In cases of brain damage, paralysis, and other catastrophic injuries, he or she may require around-the-clock care. These injuries not only have an impact on the victim, but also his or her spouse or partner.
Loss of consortium occurs when you lose the benefits of a family relationship due to injuries caused by another person’s negligence. Under Missouri law, the following damages fall under the umbrella of loss of consortium.
- Loss of love
- Loss of care
- Loss of society
- Loss of sexual intercourse
- Loss of spousal services
- Loss of companionship
- Loss of assistance in the household
- Loss of affection toward a partner
Claiming Loss of Consortium in a Missouri Personal Injury Claim
If you are injured by another person or entity, you have the right to file a personal injury lawsuit against him or her. Through your claim, you can collect compensation for two types of losses: economic and non-economic.
Economic damages involve the financial losses that you experienced, such as medical expenses, lost wages, and disability accommodations. On the other hand, non-economic damages refer to the physical and emotional pain and suffering that you endured.
In addition to a personal injury lawsuit, your spouse can file a loss of consortium claim as long as you are legally married. As long as your partner can prove that he or she experienced one or more of the losses associated with this hardship, he or she can recover a settlement.
Why You Need an Attorney to Represent Your Case
Unlike medical expenses or lost wages, it is not easy to produce a document that clearly establishes loss of consortium. In these situations, it is important to consult with a Missouri personal injury lawyer.
During a loss of consortium claim, you or your spouse will be asked to testify on how the accident has impacted the relationship. These questions can be highly intimate and difficult to navigate. If you have an attorney on your side, however, he or she will be able to help you prepare for your case and navigate these complex proceedings.
There are many other benefits of hiring a personal injury lawyer to represent your loss of consortium claim, including the following.
- The ability to calculate damages, including non-economic losses, and evaluate settlement offers
- Negotiation skills to use in conversations with defense attorneys and insurance companies
- Experience handling similar claims and the ability to leverage skills, knowledge, and resources to strengthen your case
As soon as possible following the accident, contact a Kansas City personal injury attorney to discuss your case and strategize your next steps.