Loss of consortium claims may lead to damages for loss of marital relations and affection. In some instances, these claims apply to the relationship between a parent and child. Here, potential clients will learn when a loss of consortium claim may be made, and what they must prove to be successful in court.
Who Can File a Claim
Loss of consortium claims is typically limited to the loss of a spouse’s services, love, and sexual relations. The loss of such services may result from medical malpractice, negligence, assault or battery, wrongful death, or another sort of personal injury action. These claims are usually brought by uninjured spouses who sometimes join a lawsuit filed by an injured spouse. However, in some instances, a parent can hire a Personal Injury Attorney in Tallassee AL and sue for the loss of a normal parent-child relationship.
Proving That Loss of Consortium Has Occurred
For a married couple to prove that they’ve suffered the loss of consortium, the court must consider the monetary value of the victim’s loss. In doing so, they consider factors such as:
- The stability of the marriage
- Each spouse’s life expectancy
- The extent to which the benefits were lost. For instance, a spouse who remains in a coma after an auto accident is seen as losing more benefits than someone who only suffered a few broken bones.
Depending on the nature of the case, the damages given may vary. Loss of consortium is non-monetary damage. Unlike a calculable cost such as a hospital bill, non-economic damages are harder to quantify.
Limits on Non-Economic Damages
Although it heavily depends on state law, there might be a limit on personal injury claims for non-monetary damages. However, such laws are often challenged in the state’s Supreme Court. Consult a Personal Injury Attorney in Tallassee AL to find out how the state’s laws apply to a particular case.
Call Today
As damages given for the loss of consortium are given on an individual basis, only an experienced injury lawyer can give a client a good idea of what they can expect. For more information or to schedule a no-obligation consultation, call Courtney & Mann LLP today.
