In some personal injury cases, a family member or spouse can file a claim for damages based on their own suffering and loss. This is known as a loss of consortium. If your loved one was wrongfully injured or killed, read this article to learn what constitutes a loss of consortium and how to go about filing a claim.
What are the damages in a loss of consortium? After a person’s injury or death, their spouse or a family member needs to show a connection between the damages and the defendant’s negligence or wrongful behavior. It is essential to show that the victim can no longer offer the same positive aspects of their relationship directly as a result of the accident. This includes love, comfort, sex, affection, etc. The spouse or family member counts this as his or her loss, and filing a claim will allow him or her to collect damages from the defendant.
These damages are often difficult to associate with monetary value, as they deal with the emotional aspects rather than financial loss. The more general and emotional damages include:
- Loss of companionship
- Grief and emotional distress
- Physical pain and suffering
Filing a Claim
It is important for the family member or spouse to know that loss of consortium claims is primarily successful only when the victim dies or suffers severe injuries. Severe injuries include paralysis, amputation, etc.
Because it is generally difficult to weigh the damages in a loss of consortium, it is important to seek expert legal help. This assistance will give you a better understanding of the monetary value of your claim. Ultimately, the amount of damages owed is typically up to the judge or jury.
Uplift Legal Funding
If you are suffering from the loss or injury of a loved one, consider filing a claim. At Uplift Legal Funding, we will support you through the legal process by providing the funding you need. Loss of consortium lawsuit loans can help you to withstand the expense of medical and/ or legal bills. This allows you to seek the justice you deserve. Apply online or give us a call at (800) 385-3660.