What is the loss of consortium? | Rosenthal, Levy, Simon & Sosa

What is the loss of consortium?

While we may drive by them on the side of the road and hear about them on the news, no one ever expects to be involved in a car crash. Whether it is minor or major, a car accident could be the source of the most severe injuries a person could suffer. And much like a person never dreams of being involved in an automobile collision, they are not prepared for how the injuries they suffered in the wreck will impact them personally as well as their loved ones.

Car accident injuries could be the cause of the loss of consortium. This occurs when there is a loss of affection or loss of companionship as a result of a car accident. While it is typically a spouse that will bring this action, it is possible for their family members, such as a parent or child, to bring this action as well.

With regards to this type of damage or loss, one typically argues that the accident resulted in the deprivation of the benefits of the married or parenting life. This includes factors such as the loss of the ability to show affection after the accident. If it is proven that the injured victim is no longer able to show or prove the same love, affection, parenting, care or companionship to his or her spouse, child or parent, the spouse, child or parent impacted could seek damages for the loss of consortium.

When proving such a loss, courts will look at various factors in the relationship. This includes whether or not the marriage involved a table, loving relationship, the spouses’ living arrangements, how much care and companionship was received by the spouse and the life expectancy of both spouses.

Car accidents often cause victims to face a wide range of damages. If a negligent driver is to blame, a personal injury action could help the victim recover damages he or she suffered. It is also possible for family members to file an action for the damages he or she suffered as a result of the accident as well.

Source: Findlaw.com, “How to Prove Loss of Consortium in a Car Accident Claim,” accessed March 5, 2018

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