These situations call for "loss of consortium" benefits. Your personal injury attorney at the Coye Law Firm can discuss this type of payment with you when you visit the Coye Law Firm for a free injury consultation. Your attorney can determine whether or not loss of consortium plays a role in the injury you or your loved one is dealing with.
The Meaning of ConsortiumThe word consortium is Latin and can be used to describe any type of partnership, including a union, association, or companionship. In law, it describes the right of a married couple to have an intimate relationship. Additionally, it can include the right of the victim to provide for their household economically and emotionally. When that right is compromised by an injury, then both the victim and their spouse may be able to claim loss of consortium benefits.
Claims that Include Consortium BenefitsAs with any personal injury claim, it is important to prove that a person or business's negligent action caused an injury. Then, the victim must prove that their injury had an negative affect on many aspects of their life. Typically, people may think of lost wages or medical bills when they think of the benefits available in personal injury claims. They may not think of the emotional costs of an injury.
Loss of consortium claims may be available to individuals and families dealing with personal injury or wrongful death claims. In some places, loss of consortium benefits are considered to be included in the overall amount of compensation that the victims receives at the conclusion of their case. In other areas, the victim and their attorney may be able to prove that their injury needs additional benefits to help make up for the loss of companionship that the victim's family has experienced.
Types of Consortium ClaimsWhen a child is injured due to negligence, the parents may be able to claim that they experienced "loss of parental consortium." This type of consortium claim typically deals with a parent's ability to interact with their child and show love and affection. If the child's injury resulted in a lifelong impairment, then the family must learn how to cope, no matter how emotionally traumatic the process is. When these difficult situations arise, a parent or couple may be able to claim loss of parental consortium benefits.
More often, consortium benefits are paid to adult victims because their relationship with their spouse changes due to the injury. The severity of the victim's injury can have an effect on the amount of loss of consortium benefits available to the couple. If the injured person is unable to work and contribute to the household costs, then they may not be able to claim anything besides lost wage benefits. However, if the victim is unable to resume an emotional or intimate relationship with their spouse due to their injury, then they may be able to claim additional benefits.
Personal Injury Claims and Loss of Consortium
When it comes to a traumatic injury, you have enough to worry about. Call an accident attorney at the Coye Law Firm for a free consultation about your injury. We want to help you claim benefits for all aspects of your life that have been impacted by your injury.