What Are Loss Of Consortium Damages?
It could be very difficult to have your loved one severely injured in an accident. Although your loved one could go through severe emotional distress, many do not think of the emotional distress an accident has on the victims’ loved ones. The victims’ loved ones would now have to start to get used to the victim as they are with all their physical impairments and injuries. They get to witness their loved one start from scratch and learn how to move on with their lives after suffering tremendous injuries.
Severe injuries could be caused by any accident, including truck accidents, Metro accidents, train accidents, pedestrian accidents, bicycle accidents, etc. Accidents are always preventable, but they are bound to happen. If your loved one has been involved in any type of accident, contact our car accident attorneys today to see how we can help you and your loved one get the compensation you deserve. Not many people know that a loved one could also receive compensation for seeing the victim suffered injuries. This type of damage is referred to as loss of consortium.
What is loss of consortium?
Loss of Consortium is a type of damage that the victim’s loved one could recover, and encompasses several different types of factors such as the loss of companionship, the loss of support, and the loss of intimacy after the victim has sustained injuries in an accident. Loss of Consortium damages essentially look at how the relationship has changed between the victim and their loved ones from the injuries. Injuries can not only take a physical toll on the victim, but the victim’s life could change forever.
What are non-economic damages?
There are two types of damages: economic damages and non-economic damages. Economic damages are those types of damages that you could easily recover and easily calculate because there are receipts and bills that break down the monetary costs. Examples of economic damages are lost wages, future lost income, and medical bills. There is also non economic damages. Non-economic damages are those that are a bit more difficult to prove, and require an experienced accident attorney to handle on your behalf. An experienced attorney will be able to prove non-economic damages, such as pain and suffering and loss of consortium. It is very difficult to show emotional suffering, especially because you can’t put a price tag on someone else’s suffering. However, loss of consortium is some type of monetary damage that may try to bring Justice and hold the at fault party accountable for their actions.
What are examples of loss of consortium?
Loss of consortium can take place in many different ways. Examples of loss of consortium includes:
- Loss of protection
- Loss of affection
- Loss of support
- Loss of comfort
- Loss of loved
- Loss of sexual relations
- Loss of intimacy
Who can recover loss of consortium in California?
There are only specific groups that could recover loss of consortium damages in California. These groups include:
All of the above groups have some type of close familial relationship that is enough to recover loss of consortium. Keep in mind that a friend or cousin cannot recover loss of consortium damages.
What happens if you file a loss of consortium claim?
It is very important that you are made aware of all of the circumstances that come with filing a loss of consortium claim. When a plaintiff files a loss of consortium claim, they are essentially opening up all aspects of their relationship to the defendant and to the courts. This means that the other party could have all access to information in terms of sexual intimacy, comfort, care, etc.
How do you prove loss of consortium?
In order to prove loss of consortium, there are several elements that you must have to meet. These elements include:
- There is a relationship between the injured victim and the loved one. Whether they all were married, or registered domestic partners, the loved one could recover loss of consortium. In order to prove this, you must have your certificates and documents ready and available to show the relationship.
- The victim suffered some type of injury from a negligent party.
- The loved one now suffers loss of consortium caused by the victim’s injuries.
- The loss of consortium was directly caused by the negligent party’s actions.
There are several different factors and elements that go into each 4 of the steps and must be proven. That is why it is very important that you have a trusted accident attorney on your side to make sure that all these elements have been met.
What can you recover from loss of consortium?
You can only recover non-economic damages from loss of consortium, you cannot recover economic damages. For example, you cannot recover the victim’s medical bills or the victim’s lost wages.
What if the victim’s injuries are severe?
The loss of consortium damages that a family member could recover depends on the severity of the victim’s injuries. For example, if a victim has suffered permanent injuries that are expected to change his life forever, then the loved one will most likely recover a higher amount in loss of consortium since their relationship will never be the same again. Other factors that the court uses to determine loss of consortium include age and occupation. The victim’s life expectancy helps the court determine how many years the loved one would have lost out on care, support, intimacy, etc.
Loss Of Consortium Los Angeles Attorneys
- Our car accident attorneys work tirelessly day and night to make sure that our clients get the legal assistance they deserve. We understand that suffering severe injuries is not easy, especially to family members.
- We negotiate and communicate with defendants, insurance companies, and other at fault parties to make sure that your interests are well-represented.
- Our car accident attorneys work on a contingency fee basis, and only collect compensation from our clients when we have won compensation in their favor.
- We offer free no risk consultations where we will listen to your car accident case and determine if loss of Consortium could be recovered by the family member.
- We have been representing California residents for decades, and understand the ins-and-outs of every loss that goes into loss of consortium claims. It is highly advised that you have a trusted, educated, and experienced accident attorney on your side.
- Our legal team is available 24/7 to answer any questions or concerns you may have regarding your car accident lawsuit.
Has your loved one been injured in an accident? You also have the right to recover damages.
Contact our personal injury attorneys today to see how we can help you get the compensation you need. Our car accident attorneys are available 24/7 to help you with any questions or concerns you may have regarding your loved ones’ accident. Loss of consortium is a type of damage that not many people know that they could recover as a family member. It could be even more difficult when you have an inexperienced attorney. Call our top rated and experienced loss of consortium attorneys today for a free consultation.