After being involved in an accident, most people focus on the physical injuries sustained and the financial losses incurred. However, other damages can result from an accident that may not be immediately apparent. One of these is the loss of consortium.
It is defined as the loss of intimacy, affection, and companionship with one’s spouse or partner following an accident. It is a significant non-economic damage that should be considered when calculating the damages after an accident.
Today, we will discuss the loss of consortium in detail.
What is the Loss of Consortium?
As mentioned, loss of consortium refers to the damages a spouse or partner experiences due to an injury sustained by their loved one. It is not just limited to physical injuries; it can also include emotional and mental trauma resulting from the accident.
Loss of consortium can significantly impact a relationship, causing strain, difficulties in communication and intimacy, and even separation or divorce.
The loss of companionship may look different for each couple, depending on the nature of their relationship before the accident. For some couples, it could mean losing a sense of partnership and support from their significant other. For others, it could involve struggling with household responsibilities and childcare while their spouse recovers from their injuries.
How Can You Prove Loss of Consortium?
Proving the loss of consortium can be challenging, but with the right evidence and legal assistance, it is possible. Some factors that can help prove it include the following.
- Medical records: The injured party’s medical records can show the extent of their injuries and how they have affected their daily life. These records can also demonstrate how the injuries have impacted their relationship with their spouse or partner.
- Witnesses: Testimony from friends, family members, or even therapists who have observed changes in the couple’s relationship following the accident can help prove the loss of consortium.
- Documents: Any document that shows a change in the couple’s lifestyle after the accident, such as a rise in medical bills or a decline in quality of life, can support a loss of consortium claim.
- Expert opinion: An expert witness, such as a therapist or psychologist, can evaluate the couple’s relationship before and after the accident. Their professional opinion can be used to demonstrate the accident’s impact on the couple’s relationship.
Why Is It Important to Calculate Damages After an Accident?
Most people focus on their physical recovery and financial losses after an accident. However, it is important to consider non-economic damages such as loss of consortium. These damages are significant and can have long-lasting effects on a person’s life. Calculating these damages allows for proper compensation for the injured party and their spouse or partner.
Calculating damages after an accident is also essential because it can provide evidence for a loss of consortium claim. By accurately calculating the damages, you can demonstrate the impact of the injury on your relationship, making your claim more convincing.
It is also essential to understand that loss of consortium claims are not standalone cases; they are typically filed as part of a larger personal injury lawsuit. Therefore, working with an experienced attorney is crucial to ensure this aspect of your damages is considered and pursued alongside other injury-related claims.
Conclusion
In personal injury lawsuits, loss of consortium is sometimes disregarded. It describes how having an accident can cause one to lose intimacy, affection, and connection with one’s spouse or partner.
Collecting evidence, such as medical records, witness accounts, and statements from expert witnesses, is essential to demonstrate the loss of consortium. Accurately calculating these damages is also necessary to compensate for the harm done to your relationship.
If an accident has caused you or a loved one to be in a similar situation, a personal injury attorney will ensure you are fairly compensated for all losses.
Lynn Martelli is an editor at Readability. She received her MFA in Creative Writing from Antioch University and has worked as an editor for over 10 years. Lynn has edited a wide variety of books, including fiction, non-fiction, memoirs, and more. In her free time, Lynn enjoys reading, writing, and spending time with her family and friends.
