When your spouse is injured, you suffer with your spouse. It is painful to watch your spouse be in pain and suffer, especially when the reason for your spouse’s pain is another party’s negligence or wrongdoing. Because a spouse can suffer damages his or her spouse is injured, the law allows a spouse to file a claim for losses. The claim of a spouse is separate from the claim of the victim, but you can file your claim under the same lawsuit as your spouse files for damages.
What is a Loss of Consortium Claim?
A loss of consortium claim is a claim filed by a spouse for the losses and damages caused because his or her spouse was injured. Consortium describes the association and companionship offered by a spouse. When your spouse is injured, that association and companionship are negatively impacted. You lose the benefits of that your spouse provides as a loving, caring, and supportive partner. Therefore, you can file a claim for those losses.
Common losses included in a loss of consortium claim include:
- Help with household chores, including cooking meals, cleaning, performing yard work, laundry, etc.
- Taking care of children
- Intimate relations
- Love and affection
- Emotional support
- Companionship and support
It can be difficult to calculate the value of a loss of consortium claim. The court may consider several factors when determining the amount to award you for your claim. Some of the relevant factors that might be used to determine the value of your claim include the length of your marriage, the severity of your spouse’s injury, the estimated life expectancy of you and your spouse, and whether you have had to hire someone to assist you with certain tasks.
Filing a Loss of Consortium Claim
If you believe that you may be entitled to recover compensation because your spouse was injured, you should consult with a New Orleans accident attorney immediately. As with other personal injury claims, the time you have to file a claim is limited. If you fail to file a loss of consortium claim before the statute of limitations expires, you lose your right to hold the negligent party responsible liable for your damages.
Loss of consortium claims can also be difficult to prove. Most of the losses related to this type of claim are subjective just like other noneconomic losses. Therefore, you must use other forms of evidence to prove your losses other than bills, invoices, and receipts. Working with an experienced New Orleans accident attorney is a wise decision.
Our attorneys understand the type of evidence the court considers when reviewing factors related to a loss of consortium claim. We work closely with you to prepare a convincing and compelling case for maximum compensation for your claim.
Contact a New Orleans Accident Attorney for a Free Case Review
Call Attorney Fred Olinde of The Olinde Firm at (504) 587-1440 or 1-800-587-1889 to request a free consultation with a New Orleans accident attorney. It does not cost you anything to get advice regarding your injury claim, but waiting too long to seek advice could result in a denial of your injury claim.