(ThyBlackMan.com) A consortium is the relationship between two individuals. Though it typically is used when talking about spouses, it can be used in other relationships as well. After an accident, someone who loses a spouse or loved one as a result may want to look into whether they can get compensation for the loss of consortium. This is something they may want to discuss with a lawyer while talking about the compensation they can receive after the accident.
Who Can Bring a Claim?
The claim for loss of consortium has typically been used for the victim’s spouse after their death from an accident, but how it is used has expanded in recent years. Along with being used for spouses when one dies, it can also be used for romantic partnerships as well as for parents or children of the victim. It can also be used in situations where the injuries are severe and cause a strain on the relationship, or it ends as a result. It is important for those who want to file a claim to ensure they understand local laws, as they can vary, and that might change who is able to file a claim for loss of consortium.
When to File for Loss of Consortium
There are a number of types of cases where loss of consortium can be considered as part of a personal injury lawsuit. This includes car accidents, workplace accidents, medical malpractice, and defective products. It can also be used as part of a lawsuit if there is intentional harm done that led to the death of the victim. The loss of consortium claim will typically be part of a larger personal injury lawsuit, so the victim’s family can get the funds they need to cover all accident-related expenses from the same lawsuit.
What Needs to be Proven
There are a few things that need to be proven to show that there is a valid claim for loss of consortium. This includes evidence of the relationship, how the injury occurred, and the loss to the relationship as a result of the injury. If there is a car accident and a spouse dies, for instance, the victim’s spouse will need to show that they were married at the time, that the car accident was caused by the other driver, and that it led to the victim’s death. In some cases, it can be more challenging to prove loss of consortium.
How Compensation is Calculated
Compensation can vary significantly from case to case. Typically, it can be influenced by how severe the injuries are, the overall impact on the relationship, any legal limits for the area, and more. It can also depend on the jury if the case goes to trial, so that is something to consider before making any decisions in the case.
Loss of consortium is a claim intended to help relieve the financial burden of those who have lost a loved one due to an accident or other situation. In these cases, it is important to have the right legal representation, as it can be challenging to obtain compensation for things like this because there aren’t any bills or other evidence of the cost associated with the claim. However, a lawyer can help their client walk through the case to have a better chance of their claim being successful.
Staff Writer; Doug Poole
