Proving Loss of Consortium After a Serious Car Accident

From the moment you receive the call that your spouse or other loved one has been involved in a serious car accident, you might wonder how you and your loved one will move forward. You might be feeling devastated by the losses that your spouse or loved one has sustained but, on top of that, you might be curious about how you will pay for their care. If another party caused the accident, you have rights to compensation, including something known as ‘loss of consortium.’

Understanding Loss of Consortium Damages 

Loss of consortium damages is different than many other types of damages you will find in a typical personal injury case. Many of these cases involve spouses but can also apply to relationships that family members have with their children or even their parents. Loss of consortium simply means a loss of ‘companionship’ with another party. If another party is no longer able to show you affection due to the impact that an accident has had on your life, you may find that you are eligible for these damages.

Proving That You Are Eligible for Loss of Consortium Damages 

Loss of consortium damages falls under what is known as general damages, or noneconomic damages. These, just like pain and suffering, are sometimes difficult to place a monetary value on because there is no clear rule for establishing how much could be owed to you. The court will then look at many aspects to prove that you are eligible for these damages including the following:

  • If your marriage or relationship with the other party was stable.
  • The living arrangements you had with your loved one.
  • How much care the spouse or party received from the loved one.

Here is an example: Let’s say that your spouse was a stay-at-home parent and they helped care for your children and with the household chores. They had a loving relationship with you and now they were involved in a collision that left them paralyzed. They are no longer able to give you the same affection they used to and complete the chores around the home. As such, you may find that you are eligible for loss of consortium damages if you can prove these losses.

Limitations on Loss of Consortium Damages 

Some states practice what is known as ‘damage caps,’ which are limitations on the number of damages that you are able to recover for loss of consortium. This means that, if you are asking a high amount, you might be limited in your recovery. Luckily, with the help of an attorney, you will be able to negotiate and fight for the losses that you deserve.

Speaking with an Attorney After a Serious Accident 

You may be in need of professional help after your loved one has been harmed in a collision that is not their fault. Our car accident attorneys in Florida have helped many victims work toward recovery so that they do not have to fight for their rights alone. If you or a loved one have been harmed and you are unsure of where to turn, you should immediately seek the advice from an attorney at Sheftall & Associates. Please contact our law firm in Florida for the help you deserve at (904) 638-7712.


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