When your spouse suffers serious injury or death as a result of an accident, especially if it was someone else’s fault, it can seem like your whole world has stopped. This can take a significant emotional toll as you are left to deal with the pain of the loss. This type of loss can be sudden and unexpected. In the year 2020, there were 828 fatalities on Louisiana roadways as a result of motor vehicle crashes.
There is no amount of money that can replace what you have lost. However, you may be able to pursue financial compensation. You should speak with an experienced personal injury attorney about your situation. They will be able to help you understand your options and advise you on making the best decision for your future.
What Is Loss of Consortium?
The term “consortium” is borrowed from Latin and, in this case, generally means “fellowship” or “association.” It refers to a person’s right to partnership with their spouse, child, or parent. Loss of consortium refers to what happens when one of the partners dies or is seriously injured.
When this occurs, the survivor suffers personal harm as a result. They are no longer able to receive love, companionship, affection, comfort, or social connection from their loved one.
Proving Loss of Consortium
Each situation is different and depends on many factors. In the case of the death of a spouse, this may include demonstrating the status of the marriage prior to the spouse’s death. The process of proving loss of consortium will likely include discussing many private details of the marriage before the loss.
These may include the types of activities the couple used to participate in together as well as the history of the relationship before the accident. You will need to produce evidence in order to prove these. This evidence may include asking your relatives, friends, and doctors to testify about the nature of the relationship.
How Is Loss of Consortium Calculated?
There is no set monetary value that can be placed on loss of consortium. This is due to the nature of the losses that the victim suffers. Because of this, they are classified as “non-economic” losses. This category includes other similar damages, such as pain and suffering, disfigurement, and loss of enjoyment of life.
The compensation that a victim would receive for loss of consortium is considered to be a rough substitute for their losses. Due to this, the monetary value associated with these is up to the discretion of the jury or judge. Compensation for loss of consortium may include money for:
- Love
- Companionship
- Affection
- Comfort
- Social connection
- Physical intimacy
- Assistance
- The ability to have children
The judge or jury will likely examine specific details of the relationship before the accident in order to determine the monetary value of the losses. These may include how often the couple engaged in date nights, whether there was any history of infidelity or abuse, and how often the couple was physically intimate.
What Should I Consider Before Making a Loss of Consortium Claim?
The court proceedings in a loss of consortium claim will become public record. This means that you will not be able to keep the details confidential. In addition, you may face intense questioning on topics that may be emotional or uncomfortable to discuss, especially considering your loss.
It’s also important to note that loss of consortium compensation typically does not include the loss of financial support from the spouse who has passed away or has been injured. It also does not usually include the loss of personal services that the spouse used to provide before the accident.
There may be limits to the amount of compensation you can pursue for loss of consortium. These could be due to state laws or an insurance policy. Because of this, it’s critical that you discuss your case with a personal injury attorney.
Call Us Now
If your spouse or loved one has been seriously injured as a result of an accident that was caused by someone else, you may be entitled to compensation. You should speak with an experienced Louisiana personal injury attorney today. You do not have to face this alone.
Contact us at 337-310-1600 today to speak with a member of the Veron Bice, LLC legal team. You can also submit a contact form to schedule a free consultation. Our compassionate attorneys can guide you through this difficult and painful time. Let us put your mind at ease, as we have done for many prior clients.
