Understanding a loss of consortium claim in your personal injury case

Understanding a loss of consortium claim in your personal injury case

Understanding a loss of consortium claim in your personal injury case

Beyond the visible physical injuries that you may suffer following a car accident, other unseen repercussions could have an equally devastating impact on your life. These effects may not be evident at first, but it doesn’t mean that your life will not change.

Loss of consortium is among the damages you are likely to suffer following a crash. In broad terms, a loss of consortium occurs when your injuries affect your relationships with your loved ones. For instance, if you and your spouse used to enjoy evening walks together or dinner dates now and then but can no longer do that owing to your injuries, that could amount to a loss of consortium claim.

Who can file a loss of consortium claim?

Usually, your spouse may file a loss of consortium claim, given that they bear the brunt when it comes to loss of companionship or support. If the accident is fatal, surviving children or parents may also bring a loss of consortium claim.

What factors are considered?

For a couple, the court will look at the length and state of your marriage before the fact. The changes you have had to undertake in your relationship based on your injuries and your life expectancy are also factors that will be considered in your loss of consortium claim.

Generally speaking, any disruptions in the personal relationships you had with your spouse or close kin due to your injuries may be considered.

What damages are available?

A loss of consortium is among the non-economic damages you may suffer following an accident. In Missouri, such damages have no legal caps unless claims are filed against the state.

If you suffer car crash injuries that cause a deterioration of the relationship with your spouse, it is important that you get justice. Therefore, it is pivotal to have a strong case for your claim with proper evidence to ensure adequate compensation.