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How Does the Loss of Consortium Claim Works in Personal Injury Case?

How Does the Loss of Consortium Claim Works in Personal Injury Case?

There are certain cases where the main target of the accident (person) dies due to severe injuries or late medications. In such a situation, the legal representatives of the dead person will be compensated for all the injuries suffered by him, coupling with the reputational loss of family. Similarly, in such personal injury claim or unjust death of a person, the injured person’s family is able to be recompensated for their own loss in the shape of the “consortium claim.”  

Nevertheless, in some specified types of personal injury claims, most of the countries or states allow the injured person’s family members to get recompensated for the loss or all the property and bodily damages against the defendant. More importantly, the consortium claim begs a discussion. 

What is a Consortium Claim?

The Consortium Claim revolves around not the reimbursement of monetary loss but for general losses such as the pain, suffering, humiliation, and anguish or reputational loss. This further includes the emotional disturbances and loss of companionships etc. 

Loss of Consortium Claim:

The loss of Consortium is the failure of the provision of the same love, care, compassion, or other things that were given by the dead person as support or part of being the family member. This personal injury litigation is the failure of the consortium conduct is typically impartial claim filed by the family members of the person who has already been injured or killed in consequent of the defendant’s negligence or intention. Notably, the compensation or relief is not awarded unless the injured person has died or has severe injuries, which should be an enduring or perpetual injury. 

How Does the Loss of Consortium Claim Works?

Estimating the Loss of Consortium Claim

Mostly, the categories that are added in the Consortium can not be computed or calculated. Due to the fact that these are general loss, not a monetary loss, so whatever as a relief the judges or jury fit suitable for the family members of the injured person should be considered as accurate judgment. Moreover, you can keep experts to quantify the value of the loss of consortium claim.

People who can sue or file a case for loss of Consortium in court

The subsequent mentioned people can bring the claim in court. Mostly, the legal representatives are considered to sue, such as Husband for wife or wife for husband, children, and parents. 

Children and Parents can bring a claim:

Most of the states approve the suit filing by the children or parents for the injured parent(s) or children, respectively. The only stance they both have to present in court is that whatever affection, support, or care they were giving, are now not able to provide. Moreover, the relationship between them has been changed due to bodily injuries. That is why the need for quantifying the value of the loss has to be assured. 

Partners or Spouses can bring a claim:

Different states have got varied laws in this regard. But factually, only spouses have been able to sue against the defendant for the personal injury claims. Whilst, with the passage of time, the domestic partners have also been allowed to bring a claim against the loss of consortium claim. 

The Statutory Limitation on Loss of Consortium: 

Verify the relationship with legal instruments

The statutory limitation on the loss of the consortium claim varies in all states. Under international laws, the territorial jurisdiction of a state is confined within it. Moreover, for the purpose of proving the consortium claim, you need to verify the relationship with legal instruments such as marriage certificates that valid marriage does exist.

Thus, if the spouse’s marriage is dissolved before trial, then the proposed amount of compensation will influence contrarily. Nevertheless, the homosexuals are also allowed to file suit for consortium loss. 

“Independent and single injury” restrictions conferring the insurance company

Conferring the insurance company, the accountability rules constitute the “independent and single injury” restrictions. This refers to the meaning that there is a limit on the sum enfolding every accident, and a failure of consortium claim might be dealt with as a single incident for the objectives of the policy. 

What Things to Contemplate Prior to Making a Claim?

Case will test your patience and expose secrets about your marriage life

You need to have a second thought prior to making the decision of filing suit since it will taste your patience and spill out the beans about the marriage life. For instance, if your marriage has undergone infidelity, separation, or criminal charges against the abuse, marital rape, etc. In this way, your marriage secret will come into the light of the judges and other people witnessing the court’s sessions.

You will be asked strict and harsh questions

You will be asked some strict and harsh questions about your marriage. Moreover, your depositional statements will be recorded as the public record. Conclusively, you need to think about these before making any final decision. In case you find it difficult to find another legal way out to recover the loss.

Choosing a personal injury lawyer and the lawyer’s Fee

Choosing the right attorney to represent you in a personal injury case is crucial as it is evident that you want to appoint a lawyer who will be good at dealing with all facets of the case concerning the personal injury claim.

You also need to be considerate of the percentage of the attorneys’ fees in your injury case. So, often lawyers in the case of personal injury operate based on “conditional fee” which relies on a favorable consequent compensation of the client. You must also be aware of how to handle an attorney’s fees and other costs associated with the case.

Check out our article on what percentage does a personal injury lawyer takes to help you understand more about an attorney’s fees in PI case.

Sometimes the personal injury case settlements do not require a need to hire an attorney. This happens when the case is more in your favor. We have an amazing post that will guide you on how you can settle a personal injury case without hiring an attorney!

By |2020-05-31T16:54:03+00:00March 29th, 2020|Blog|
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