Do you need an Amend, Leave to Add Loss of Consortium?
What is a loss of consortium?
Typically as a part of a personal injury lawsuit, a loss of consortium action is usually a standalone claim brought about by the spouse or a family member of a person who has been injured or killed as a result of negligence or a premeditated action.
The idea is that the person who was injured or killed cannot provide his or her spouse or family member with the same companionship, comfort, or specified relations that were provided before the accident; therefore, claims are not awarded unless the injured person dies or suffers a long lasting or permanent injury.
Who can claim for a loss of consortium?
The rules vary in each state, but historically, only spouses were able to claim for loss of consortium. However, many states have relaxed this requirement to permit domestic partners, a child, or a parent, to file a loss of consortium claim. In such circumstances, these individuals would argue that their loved one is no longer able to provide the same level of care that he or she has provided prior to the injury. Inevitably, the child or parent would most likely have to show or prove how the relationship was irrevocably altered by the injury.
Why would you need a loss of consortium?
Many individuals get married because of the many benefits they receive from their unions. The intimate companionship, intimate contact, and sharing enjoyable moments. On top of that there are financial benefits as well: having an extra pair of hands for help with tasks, and an amalgamation of their income.
When one’s spouse is seriously injured or killed, he or she can no longer provide those benefits while tackling the pain of loss and medical bills. Due to this, that person is enabled to recover from those losses, and use their well deserved compensation to improve the quality of their life post injury.
Although the damages awarded for loss of consortium may differ, it is a form of non-economic damage, which are more abstract and usually account for one’s pain and suffering. Thus, it is wise to consult an experienced personal injury attorney so he or she can give you a better idea of what to expect in your case.