Understanding Damages for Loss of Consortium in Your Injury Claim

After you have been injured in a car accident and you have received medical treatment, the first thing on your mind might be how you will compensate for a wide array of damages. Many of the damages that you will likely seek will include economic damages for aspects that are measurable like medical bills and lost wages. However, some of these damages will be non-economic in nature, which means that it’s a judge or jury’s discretion on how much they will award you based on your circumstances.

The first aspect that many people believe go hand-in-hand with non-economic damages are pain and suffering damages. However, there are many other types of non-economic damages that play a role in injury claims. Loss of consortium is one of these types of damages.

What Are Loss of Consortium Damages?  

Many cases involving loss of consortium damages involve a spouse, child, or other relation to the victim of an accident. Though many damages will be given directly to the victim of an accident, loss of consortium works differently. When a loved one is seriously injured or killed in an accident, the child, parent, or spouse of that loved one will be able to bring a claim for these damages if their relationship was permanently impacted in one of these accidents. Let’s take a child for example. The child would bring a claim on behalf of their parent, saying that their parent is no longer able to give them the same level of care after their accident.

The one thing that many relatives and loved ones must remember is that there are specific time limits on these types of cases. Not only is there a statute of limitations that are particular to each state, but many types of evidence are needed to show that the relationship felt a significant impact due to the fact that a party was injured.

Types of Loss of Consortium Specific to Cases 

Loss of Support: These damages include the monetary amount the injured spouse would have contributed to the household through their income before they were unable to work due to their accident. 

Loss of Services: Loss of services refers to the chores and household services that a spouse or loved one offered before their passing or severe injuries.

Loss of Quality: This includes the marital relationship that a couple no longer has due to an accident and the harm that it has caused. These aspects include love, affection, sexual intercourse, and the ability to ask the other spouse for advice.

Speaking with an Attorney After an Accident

Loss of consortium damages are not awarded in every case and, as such, they tend to be incredibly complex. The aftermath of a Florida car accident can be a challenging thing to face on your own, which is why you should always seek help from an attorney in your time of need. Our skilled attorneys at Sheftall & Associates understand how devastating these accidents can be and wish to offer our support in your time of need. Please contact our attorneys in Florida for the help you deserve at (904) 638-7712.

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