Suppose you’re in an accident that leaves you hurt, and you speak to a personal injury lawyer in Mobile, AL, about pursuing compensation. They mention the potential damages available, including a loss of consortium claim. What is loss of consortium, and is it worth exploring in your case?
Learn more below about a victim’s rights and responsibilities in this situation. For personalized guidance, reach out to Jackson & Foster Law. Every case should be evaluated on its own facts.
Defining Loss of Consortium
Loss of consortium is a legal term referring to the loss of emotional and/or physical companionship, affection, and support due to death or injury. One could claim spousal relationship damages if an accident makes their partner unable to provide the intimacy or deep love they offered before. Damages may be awarded to those who experience the following in the wake of an accident:
- Loss of sexual relations: If someone is unable to engage in intimate relations due to an accident, loss of consortium damages may be available.
- Loss of companionship: Romantic partners may suddenly miss out on opportunities for date nights or other shared moments together due to someone else’s negligence.
- Loss of services: Damages may apply if death or injury prevents a spouse from performing various household duties, such as essential chores or childcare.
- Loss of support: If the injured or deceased party is the primary provider of a household, this may also impact their partner.
Some injuries have a long-lasting impact on marital relations. If you find yourself in this situation, it might be time to explore your legal options. Compensatory damages could be available, depending on your unique circumstances.
Speak to a personal injury lawyer about your circumstances and whether you’re able to seek these damages.
Filing a Loss of Consortium Claim After a Personal Injury or Wrongful Death
What is loss of consortium, and who is able to claim it in a lawsuit?
Personal Injury Cases
Perhaps someone survives an accident, but their injuries prevent them from maintaining a loving relationship with their spouse. For example, imagine someone experiences a traumatic brain injury and spinal cord damage due to a tractor-trailer crash. The accident leaves them paralyzed and with severe mental deficits, which keeps them from engaging in an intimate, affectionate relationship with their partner.
In cases like this, the non-injured partner could advocate for spousal relationship damages. These may be in addition to other economic and non-economic damages in a personal injury claim.
Understanding the Filing Process in Alabama
Now that you have a clearer understanding of what loss of consortium entails, you might wonder who can claim such damages. The answer will vary based on where you live.
Some states allow a victim’s children, siblings, or other relatives to seek compensation in such cases. Others, including Alabama, may only grant the opportunity to non-injured or surviving spouses. If you wish to file a claim against a negligent party, consult a personal injury lawyer to discuss your case and the potential next steps.
After learning the answer to “What is loss of consortium?” eligible parties may wonder when they can file a claim. Claims must be filed within Alabama’s statutory deadline, which is typically two years from the date of injury or death.
Key Criteria That Support Loss of Consortium Claims
To receive damages for emotional companionship loss, claimants have to prove four essential components:
- Duty of Care: A third party has a responsibility to act in a way that keeps others safe from harm. A duty of care for motorists may be to be aware of others on the road, while healthcare providers may have the duty to care for patients.
- Breach of Duty: An individual’s actions, such as driving while intoxicated, can constitute a breach of their duty of care.
- Causation: Personal injury and wrongful death claims aim to prove that a party’s breach of duty directly caused the victim’s injuries.
- Damages: Ultimately, claimants must clearly outline quantifiable losses. This includes economic and non-economic losses.
Review Your Options With the Help of Jackson & Foster Law
At Jackson & Foster Law, clients come to us with a wide range of questions, from “What is loss of consortium?” to “How much could I expect in a car accident settlement?” Our team is pleased to offer personalized legal advice and recommend a tailored strategy based on your unique circumstances.
Reach out to us today to learn more about our services. To schedule a consultation, contact our Mobile-based firm at 251-433-6699.
