Everything You Need to Know About Loss of Consortium
When a death occurs as a result of wrongdoing or negligence of another person, family members are eligible for a loss of consortium claim. Each jurisdiction has different specifics, but a majority of claims are made by the spouse or partnered of the injured or deceased person. From there, the damages are awarded to the same individual to compensate for that person’s contribution and role in the family. Depending on the jurisdiction, children or parents of the individual may be eligible as well. Continue reading below to learn the basics surrounding loss of consortium.
No More Consorting
Consorts refer to the power that a husband, wife or companion of a monarch has to make a loss of consortium claim. Consort itself can be directly related to simply associating with someone. In the event of a claim, it identifies a loss of association. The claim works to provide justice and closer to families by quantifying a loss that can’t be valued with money alone. A loss of a loved one hurts significantly deeper than just a financial hit. All things considered, there isn’t a full solution as a loved one can’t be brought back to life. These types of claims attempt to quantify the loss and ensure that the family suffers as little as possible. Financial stress in addition to the loss of a loved one can be extremely detrimental. Your quality of life is likely to change, and the person, product or company that’s at fault needs to recognize this.
Proving a Loss of Consortium Claim
Establishing this type of claim takes carefully gathered evidence and the help of a skilled attorney. While some types of cases can be carried out without the help of an attorney, it’s recommended never to try to go this claim on your own. Courts examine various factors and consider everything as a whole to see if the claim is worthy of an award. Some of these things have nothing to do with the specifics of the accident itself, but rather the lifestyle of the couple at hand. Marriage stability, life expectancy and financial situation are all elements that the court will request. Of course, the accident itself will be the largest factor considered.
Claiming Damages and Working with a Lawyer
There’s no way to accurately predict how much you could claim for a loss of consortium claim. Your best course of action is to immediately speak with a lawyer if your spouse was killed or injured due to the negligence of another. Even if you aren’t sure if a loss of consortium claim is right for you, a lawyer is happy to offer a free consultation and talk about your options.