According to the estimates of the National Safety Council, a nonprofit organization that works with federal auto-safety regulators, 40,200 people died in accidents involving motor vehicles in 2016, a 6 percent rise from the year before. Automobile related deaths are so common and when someone either endures severe injuries or dies in an accident, the people in their lives are all affected in various ways. This is where “loss of consortium” comes in. It is a personal injury claim that can lead to damages for loss of affection and normal marital relations, like parenting, care, and a sexual relationship. Loss of consortium can be hard to prove because of the non-economic damages, which are difficult to calculate in monetary values because unlike expected costs like hospital bills, non-economic damages typically account for one’s pain and suffering, which is a lot more abstract. The attorneys at One Law Group in Beverly Hills are want their clients to understand that if a loss of consortium claim is pursued, spouses will be required to divulge very personal (often embarrassing) facts about their marriage, including:
- How stable, loving their relationship is
- Current living arrangements
- Evidence of care and companionship the spouse affected received
- Life expectancy of each person
- Details of sexual relationship
If the injuries have had a significant impact on the spouses’ ability to enjoy their shared activities and maintain a close marital bond, a loss of consortium claim to address these issues will have merit. There are many pros and cons to bringing a claim for loss of consortium in connection with a personal injury case, it is important to be sure you and your attorney go over all the possibilities, so there are no surprises. Claims for loss of consortium can be a variety of things, depending on the case, and an experienced personal injury attorney can help you find out if you have a legitimate case, especially since circumstances for this type of claim vary based on state. Make sure you and your attorney go over all the possibilities, so there are no surprises. Call One Law Group in Beverly Hills at (844) 626-1LAW.