When your partner is made the victim of a personal injury accident, they may pursue legal action to recover from their medical bills, lost wages, physical pain, emotional suffering, and more. But even though you were not directly involved in this accident, you may suffer its effects alongside your partner on a day-to-day basis. With this, you may decide to take it upon yourself to make a loss of consortium claim. So, please follow along to find out the elements of a loss of consortium claim and how a proficient Pasco County personal injury lawyer at Merricks Law Group, P.A., can help you establish them as fact.
What elements must be true for a loss of consortium claim?
Not every personal injury claim calls for a loss of consortium claim to be filed in tandem. That is, the following elements must be proven true:
- You must be the legal spouse, domestic partner, or, under certain circumstances, the child of your injured loved one.
- The party being sued must have negligently caused your loved one’s injuries and damages in a personal injury accident.
- You suffered a loss of consortium as a direct result of your loved one’s qualifying injuries and damages:
- You suffered a loss of affection or comfort from your loved one.
- You suffered a loss of a sexual relationship with your loved one.
- You suffered a loss of domestic assistance from your loved one.
- You suffered a loss of financial contributions from your loved one.
- You suffered a loss from not bearing future children with your loved one.
- You file this claim within two years of your loved one’s accident or the discovery of their incurred injuries and damages.
What evidence do I need for a loss of consortium claim?
A loss of consortium is classified as an intangible, non-economic damage. This just means that you may have to make extra efforts to demonstrate it, but it is not entirely impossible.
For one, you may gather your loved one’s medical records related to their personal injury accident event, and even ask their treating medical professional to give their expert opinion. Here, they may confirm that your loved one’s incurred physical impairments make it impossible to participate in a sexual relationship and/or bear children. Similarly, your loved one’s former employer may speak on how their diagnosed physical and mental conditions make it unsustainable for them to return to their line of work.
Plus, your close family members may testify on how your loved one’s emotional distress and suffering cause them to treat you differently and have subsequently caused your relationship to take a negative turn. Better yet, your loved one may step forward and testify for themselves. They may admit that they have been struggling physically, mentally, and/or emotionally, and how this has caused a strain between the two of you.
You must retain legal representation before you even get close to your scheduled claim proceedings. So please, contact a talented Pasco County personal injury lawyer from Merricks Law Group, P.A. today.
