The goal of any personal injury lawsuit is to obtain compensation for damages caused by an injury. Most of these damages are experienced by the victim, but the victim's loved ones can also experience damages. For example, your attorney could seek compensation for loss of consortium for damages suffered by your spouse and children. The Cincinnati personal injury attorneys of O’Connor, Acciani & Levy have outlined the information you should know about loss of consortium. Contact us to schedule a free case consultation to learn how our firm can assist you as you pursue this and other forms of compensation in a personal injury or wrongful death case.
What Does Loss Of Consortium Mean?
Loss of consortium refers to the loss of services and support and other damages to the relationship between the injury victim and his or her spouse or children. For instance, the victim may no longer be capable of providing financial support for his or her loved ones. The injury could also make it more difficult for the victim to provide the same level of love and emotional support he or she did before the accident.What Damages Can I Recover For Loss Of Consortium?
You may be able to pursue a claim for loss of consortium for many different types of damages:- Loss of guidance may be claimed by a child who has lost a head of the family or parent
- Loss of income may be claimed if the victim was a primary contributor to the family’s finances
- Loss of services performed by the victim, such as childcare, laundry, dishes and other household chores
- Loss of sexual relationship
- Loss of companionship
- Loss of affection
Who Can Claim Loss Of Consortium?
Loss of consortium claims may be filed by the victim’s spouse or minor children. In some cases, a spouse may bring a claim for loss of consortium against an at-fault party on behalf of other beneficiaries affected by the injury or death of the victim. Loss of consortium awards are divided between beneficiaries based on their level of suffering and dependence.How Is Loss Of Consortium Proven?
A skilled personal injury attorney will be able to advise you on how to best support your claim of loss of consortium. Your attorney will work to effectively communicate your suffering to a jury and gather the needed evidence to prove your claim. Your attorney may require intimate details about the victim and your relationship with him or her to prove you have suffered damages. You may also need to testify to these aspects of your relationship with the victim. These details may include:- The victim’s life expectancy
- The stability of your marriage prior to the accident
- The damage your marriage has suffered since the accident
- The mental anguish suffered by family members
- The impact of the victim’s injuries on the household
