If your spouse suffered serious injuries or died unexpectedly, it will no doubt have a significant impact on your life. You will miss their love and companionship and you may find it extremely difficult to meet your financial obligations. Taking care of your children may also be hard and the emotional toll can seem unbearable. If your partner died or suffered injuries due to someone else’s negligence, you can file a loss of consortium claim.
Compensation for loss of consortium falls into the category of non-economic damages. This means there is no easy way to put a monetary value on your losses. It will, therefore, be largely up to the jury to determine how much your claim is worth. Typically, compensation for loss of consortium is only granted if the victim suffers a long-lasting or permanent injury. Your Atlanta personal injury lawyer will help you file your claim and prepare your testimony concerning your losses.
Loss of consortium refers to the loss of all the things you would normally get from a spouse. These include love, affection, sexual relations, assistance, financial support, and comfort. More specifically, you can ask for compensation for:
- Having to care for your injured partner
- Loss of intimacy
- Loss of aid in childcare and household chores
- Reduced ability to communicate with your spouse
- Inability to take part in social events as you did before the accident
- Stress resulting from all these changes
How Atlanta Personal Injury Attorneys Value a Loss of Consortium Claim
No two cases are alike. In situations where your loved one survived but suffered serious injuries, the jury will consider the extent of their injuries. They will also look at the impact the incident had on your life. If they are expected to recover, you may not get as much as someone whose spouse died or became permanently disabled. The trauma associated with death or permanent injuries is usually deemed more severe.
Generally, you can expect that the damages you receive will pay for childcare and housekeeping services. You may also be able to get money for counseling. If you had to miss work due to the tragic situation, you could be entitled to compensation for lost wages.
In cases where the victim died, the jury will take the life expectancy of both spouses into consideration. If you were a young couple, you may recover more than a middle-aged or elderly couple would. No amount of money will be enough to bring your spouse back. However, recovering damages can help to reduce some of the difficulties your family will face.
Why You Need an Atlanta Personal Injury Lawyer
Loss of consortium may be easy to understand but recovering compensation on your own won’t be easy. The at-fault party or their insurance company will do everything they can to avoid paying you. Whether your spouse was hurt in a car accident, slip and fall, or another type of accident, you’ll need a lawyer. Only a legal professional can help you prove your losses and get full compensation.
When you realize your partner was seriously injured and it will dramatically change your life, you should contact a lawyer. Your attorney will look into the case and determine whether you have sufficient grounds to file a loss of consortium claim. Once you have a case, your lawyer will work with you to get the evidence you need to support your claim.
Your lawyer will also warn you that private aspects of your marriage will have to be discussed openly. The defense attorney is likely to ask you a range of questions during deposition and trial. You may be asked about whether there was any infidelity, abuse or separation during your marriage. This will be a matter of public record. You should, therefore, be sure that you want to talk about the intimate details of your relationship. It may help to remember that all marriages go through difficulties and you shouldn’t be embarrassed.
Contact A Georgia Personal Injury Lawyer at The Bethune Law Firm
If your spouse was killed or severely injured in an accident caused by someone’s else negligence you should contact us. We will listen to your story and answer any questions you have. Once we believe you have a case, we’ll work with you to get the compensation you deserve. You shouldn’t have to bear the full burden of running your household if someone else caused your spouse’s injuries. Call Bethune Law Firm today to schedule your free consultation. We’ll handle your case with the compassion and sensitivity it deserves.