28 Apr What is Loss of Consortium or Services Claim?
In the event of a personal injury lawsuit, a loss of consortium or services claim may be filed. There are numerous aspects to this type of claim. Many states follow this process similarly. We will go over some of the generalities of a loss of consortium claim, who can file, and what to expect.
A loss of consortium or services claim occurs when the victim of the personal injury cannot provide services at the same level he or she had previously to or for the benefit of the individual directly related to the victim. Damages are often difficult to ascertain. Damages may include but not be limited to, humiliation, embarrassment, diminished quality of life, expenses incurred, and other services, to name only a few. Arguing a loss of consortium claim may be difficult but is often pursued in court.
More times than not, the party filing for a loss of consortium is a spouse. This person is most likely affected by the personal injuries sustained by the victim. While spouses are the primary demographic filing a loss of consortium claim, children and parents may also file claims as well. An example would be if a son or daughter is injured and is no longer to help take care of their elderly parent. Not being able to provide the care required for and necessary for their parent, results in a potential loss of consortium or services claim for that parent.
When filing a loss of consortium claim, specifically in the case of a spouse, you will need to be prepared for the defense to use anything from your personal life to discredit and invalidate your claim (Social Media is one example where defense counsel may consult for personal information). This could result in very private matters becoming very public. Before filing a loss of consortium claim, make sure to take this into consideration as the potential blow back could be more than you originally expected. The last thing to consider when you begin the process of filing for a loss of consortium is how you will quantify the suffering you have endured from the loss or injury of a family member (or spouse). Always consult with your attorney.
If you believe you qualify for a loss of consortium or services claim, please contact Kasunic Law Office today, and we would be more than happy to discuss your potential claim with you.