If you have had a loved one who was injured or killed because of the negligence of others, you may be able to sue for loss of consortium. What is loss of consortium and who can sure because of it?
Loss of Consortium
Under the law, loss of consortium means that you have lost the family relationship with your loved one. It covers a lot of ground. For example, if your spouse was injured in such a way that intimate relations are no longer possible, you can sue for loss of consortium. You can also sue for lack of consortium for yourself and any children you may have if your partner or spouse has been injured significantly enough that your normal relationship is no longer existent, such as an injury that leaves your spouse paralyzed, in a coma, or in a vegetative state. Traumatic brain injuries which drastically change your partner's behaviors or moods may also fall under the criteria of loss of consortium.
Suing for loss of consortium is more cut and dried when your loved one is dead from their injuries.
Who Can Bring Suit
Generally, the affected party is the one who can bring suit. If your spouse is injured, you would be the one affected by the loss of consortium. If you are already suing because of their injury, you can also add on the loss of consortium claim. You can also add it on to a claim that your spouse is making. If your spouse was injured at work and they are suing their employer for medical costs and pain and suffering, you can also sue for loss of consortium at the same time, especially if the injury robs you of the services of your spouse.
A parent can also bring this suit if their child has died or been injured. In the case of a minor child whose parents have died, the case can be brought on their behalf by a guardian or family member.
If your loved one has been injured or killed through no negligence of their own, you may already be thinking about visiting a personal injury lawyer to see if your suit is valid. While you are talking to them, you should also talk to them about adding loss of consortium on to the case. Your lawyer can explain the criteria to you further and tell you if you qualify for it or not. For more information, contact a lawyer like Jack W Hanemann, P.S.Share