There are various types of personal injury compensation that may apply depending on your case. One example is loss of consortium. Instead of being awarded to the victim of the accident, these damages compensate a family member of the victim. Determining whether loss of consortium damages apply and the value of a claim can be complex, so it’s important to have an experienced personal injury lawyer on your side.
Defining Loss of Consortium
Loss of consortium claims are brought by a close family member of an accident victim in cases of serious injury or death. The spouse of the victim is the most common person to seek these damages but in Arizona, a parent or child can also pursue a loss of consortium case. The damages compensate the family member of the victim for the loss of companionship, affection, or other aspects of a relationship that the accident victim can no longer provide. There are several aspects of a relationship that can be considered as part of this claim.
Some examples include:
- Physical intimacy
- Inability to do activities that the pair used to enjoy together
- Marital strains
- Inability to have children
- Loss of services, such as household chores
- Loss of guidance and support
Demonstrating Loss of Consortium
In the case of death, loss of consortium will be part of a wrongful death claim. If the victim survived and is filing a personal injury lawsuit, loss of consortium would be considered separately from their damages but is related to the claim. In both of these situations, it is necessary to prove that the defendant was negligent. After establishing this, your personal injury lawyer will demonstrate the ways that the injury or death affected your relationship in order for the court to award damages.
The Complexity of Non-Economic Damages
In any personal injury or wrongful death case, there are economic and non-economic damages. Economic damages have a dollar amount associated with them and are typically much easier to calculate. They can include lost wages, medical bills, funeral expenses, et cetera. Conversely, non-economic damages do not have a set cost and are more difficult to calculate and demonstrate. Loss of consortium claims fall under the category of non-economic damages. As a result, your lawyer will need to not only demonstrate that the negative effects occurred and were due to the defendant’s negligence but will also need to make a case for why a specific amount should be awarded.
Skilled and Compassionate Personal Injury Attorneys in Tucson, AZ
At Grabb & Durando, we are here to help you through the difficult time following an accident. We will work hard to get you the compensation you deserve so you can focus on healing and grieving.
