Most auto accident legal claims are initiated by the party who sustained injuries against the negligent driver demanding to seek compensation for medical bills, property damage, loss of wages, and sufferings that they undergo. However, when an individual’s parent, spouse, or child sustains severe injuries, they may suffer from loss of care, affection, companionship, intimacy, and support that their loved ones are unable to provide any more.
When a family member loses aforementioned contentment and comfort due to the injury or demise of their loved ones in an incident, it is referred to as “loss of consortium”. In case the defendant is proved negligent while driving their vehicle, the victim’s family may be entitled to receive compensation in respect of loss of consortium. Though this type of claim is usually filed by the partner of the victim, parents, and children who suffered from this nature of loss may also be eligible to receive compensation.
Factors that Influence Loss of Consortium Compensation
The calculation of damages in case of any personal injury claim contains both monetary and non-monetary aspects and the auto accident is no exception. The monetary damages include compensation for medical bills and lost wages that are quantifiable with raw numbers, but the non-monetary damages may be referred to as intangible ravages that include suffering, distress, and, as a consequence, loss of consortium.
The non-monetary damages are complex and may involve ambiguity, which makes it challenging to determine their worth. However, there are certain factors that a court takes into consideration to assign a value to non-economic damages, particularly the loss of consortium. Some of these factors are:
Furthermore, other factors applicable to typical personal injury claims such as damage caps, strict stipulations about punitive damages, and the statute of limitation are also considered during the calculation of loss of consortium.
How Can a Lawyer Help?
If your family member has sustained injuries in an auto accident due to the negligence of someone else and you are enduring the loss of consortium, you must hire an experienced auto accident lawyer. They will be well-versed with your local state and federal laws including those of loss of consortium and assess the worth of your claim.
A competent auto accident lawyer will work hard to help you obtain the maximum amount of compensation including damages for loss of consortium. They will also ensure that your legal rights remain protected throughout the litigation process. It is highly likely that the settlement that you receive from an insurance company will be much bigger when you have solid legal representation on your side.
Furthermore, a skillful auto accident lawyer will negotiate potential settlements with the insurance company, which will help you avoid the hassle of a trial battle. However, if a settlement cannot be reached, they will handle arbitration or any mediation process and prepare a solid case for trial to ensure that you obtain maximum compensation for your sufferings.
If you wish to seek further information about the loss of consortium or schedule a consultation session, contact the team at Law Offices of John V. O’Connor at 262-671-1685 to discuss your case with an experienced auto accident lawyer.