Loss of Consortium Compensation – Your Happiness Matters
Car accident injuries don’t just affect the injured—spouses and close family members of the injured are often overlooked in these cases, leaving you to not only look after the household responsibilities, but forgo any emotional satisfaction while the injured recovers.
Your losses are real even if you were not the one injured in a car accident—if your spouse or partner was the victim of a collision and suffered losses which affected you, contact Warshafsky Law to get started on your loss of consortium case, to get the right settlement for your case.
What is Loss of Consortium?
Loss of consortium (or loss of affection) is a claim for damages suffered by the spouse or family member of the individual injured or killed as a result of the defendant’s negligence. In the event of a serious injury from a car accident, the victim may no longer be able to perform certain responsibilities or duties, leaving them entirely up to you. These could include:
- Extensive household chores
- Parenting or parental guidance
- Financial burdens
Consortium damages are not limited to tangible losses as those listed above. If your spouse or partner was injured in a car accident, then you might have suffered non-economic damages, such as:
- Loss of sexual Intimacy
- Loss of companionship or attention
- Emotional distress
- Loss of societal standing or reputation
Or more, depending on the severity of your case. Bring your claim to a motor vehicle accident attorney for proper legal guidance to see what compensatory packages you may receive for your suffering.INJURED? TAKE ACTION
Who can bring this case to court?
Typically, the spouse or partner of the injured brings the claim before a judge or jury to determine the compensation they deserve for their deprivation. However, a close relative, like a parent or child, may bring forth a loss of consortium case, due to loss of parental guidance or care.
Proving your loss of consortium case
Due to the sensitivity of these cases, professional legal guidance is highly recommended. Loss of consortium damages are paralleled to emotional damage claims in how subjective they may be. Meaning, there is no template on how to prove loss of consortium, but with the experienced injury attorneys at Warshafsky Law, you know you’re getting the right case for your claim.
Bringing your personal life to court
An often over-looked expectation for these claims is that you, and if applicable your spouse, will have to present incredibly personal information before a judge or jury. This coincides with proving certain factors were true before the accident, including:
- Healthy marriage
- The level of companionship
- How much care the spouse received
- The spouses life expectancy
These private issues will be brought before the court in order to prove your case. Heavy consideration is recommended before bringing yourself to explain the sexually explicit parts of your marriage in front of an entire court room; the privacy of those details which may become public knowledge after the hearing.
You weren’t injured in the accident, but you’ve still lost the lifestyle you had—your suffering is serious, and demands justice. The car accident injury attorneys at Warshafsky know that an injury doesn’t just affect the injured, and are ready to legally assist in building your loss of consortium case to get you the settlement you deserve.
Warshafsky Helps Victims Get Settlements for All The Ways Their Lives Were Affected by Their Accident
Car accident injuries go beyond mere broken bones and cuts. Sometimes a wreck affects victims in visible ways through loss of mobility and physical handicaps, but sometimes the pain is more difficult to see. PTSD, loss of consortium and emotional damage are all scars that hide under the surface. No matter how your car crash has affected your life, Warshafsky can help you get compensation. It IS about the money.
- Medical care (including hospital stay, medications, physical therapy, and any other medical expenses)
- Lost Wages (including loss of income and loss of earning capacity)
- Property damage (for repair or replacement of your car and its contents)
- Pain and suffering (pain and discomfort during, immediately after, and ongoing long-term as a result of the accident)
- Emotional distress (sleep loss, fear, anxiety—sometimes falls under pain and suffering)
- Loss of enjoyment (inability to enjoy certain hobbies and other activities)
- Loss of consortium (damage to your relationship with your spouse because of their injury)
- Punitive damages (basically to punish the negligent party for their reckless conduct)