Loss of consortium refers to lacking marriage or parenting benefits due to the accident. It means the effect of an accident in showing affection to loved ones after the injury. This claim is filed when someone experiences a severe injury or death due to a car crash. Loss of consortium means that the injured victim can no longer give the same affection, love, or companionship to their spouse, children, or parents. This compensation claim must be brought up by close family members of the injured victim, i.e., spouse, parent, or child, and filed with the help of a Montrose car accident attorney.
Claims involving loss of consortium are also referred to as loss of affection or companionship. For parents and children of the victim, these claims include loss of parenting care. For partners, loss of consortium has a loss of sexual relationship with their partner.
What Are The Limitations on Loss of Consortium?
Many states have several laws limiting the number of damages that can be recovered by victims of car accidents or their loved ones. Some states impose limits on non-economic losses, including the loss of consortium.
For example, if you live in Ohio, your compensation amount for non-economic damages can not be significantly the number of economic damages. They must not exceed $350,000. The exception is if the victim is permanently or substantially disabled in terms of physical abilities or they have lost a limb or bodily organ, the amount may be altered. The victim must have faced an injury that leads to a long-term inability to take care of themselves and perform daily life activities.
To receive state-specific information regarding your case, get professional legal help. They will tell you the required details for filing a claim for loss of consortium and the limitations available in your state.
How To Prove Loss of Consortium?
Loss of consortium comes under non-economic losses, also referred to as general damages. These damages are intangible and complicated to calculate in terms of monetary value. There are no clear guidelines or rules for the calculation of non-economic damages. However, if the injured victim’s spouse is filing a claim for loss of consortium, the jury will consider the following factors while deciding the outcome:
- Status and stability of their married relationship
- Living conditions of the spouses
- Care and companionship received by the spouse of the injured victim
- The individual life expectancy of the spouses
Contact an attorney.
Proving loss of consortium when pursuing the claim independently can be challenging. Therefore, it is better to speak to an experienced attorney who will assist you in establishing the loss of consortium along with additional damages.
