A loss of consortium claim allows the spouse of someone injured in a car accident to seek additional compensation. Let’s say your husband was permanently disabled in a motor vehicle accident due to no fault of his own. Your husband is no longer able to spend time with you, have sexual relations with you, and he will not be available to provide domestic services like fixing things around the house, cooking meals and watching the children.
A loss of consortium claim seeks to compensate you for this loss. Although it’s difficult to quantify the monetary value of the loss of companionship and other loss of consortium matters, Louisiana courts will strive to come to a fair level of compensation for these damages.
Proving that you have suffered a loss of consortium
Lawyers and courts may refer to loss of consortium as “loss of companionship” or “loss of affection.” Your lawyer may incorporate your loss of consortium claim as a part of your injured spouse’s claims for damages. That means you might include your name as an additional plaintiff in the initial filing for damages.
Proving that loss of consortium has occurred may require you to demonstrate some of the following factors:
— That your marriage was stable, loving and likely to continue into the future
— That you and your spouse lived together and you benefited from different domestic services provided by your spouse
— The level of services, care and companionship you received from your spouse
— The future life expectancy of your injured spouse
Loss of consortium claims can get personal.
Spouses who make a loss of consortium claim need to be prepared to have some of the personal details of marriage exposed and questioned during the lawsuit. This can feel unnerving, but it is an important process in proving that you deserve compensation for these damages.
An experienced personal injury lawyer will strive to maintain as much of your personal privacy as possible while pursuing your loss of consortium claim relating to your spouse’s car accident. You lawyer will also be able to formulate arguments to maximize the amount of financial damages you receive as compensation for your loss.