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Could you have a claim for loss of consortium?

If your spouse had the misfortune to be injured in a car accident as a result of another driver's negligence, it might be possible for you to file your own separate claim for damages due to the loss of consortium.

Loss of consortium claims center around a loss of love, services and sexual relations and are typically filed by the spouse of the injured victim. But there can be circumstances where these claims can originate between parents and children or from the injured spouse.

In order to prove loss of consortium in the case of married couples, courts consider several factors, including:

  • The stability of the marriage
  • The individual life expectancy of the couple
  • How great the loss of the benefits of marital life

Just like pain and suffering claims, loss of consortium is a non-economic damage that has to be calculated based on the laws of your state as well as other factors. Many states cap damage awards for these sorts of claims, so it is a good idea to look into the matter and see whether this is a viable path to economic recovery for you and/or your spouse.

If you think that you qualify to file a loss of consortium claim, discuss the matter with a personal injury attorney. Your claim may be added to a claim for damages that has already been filed in the case.

But just like other damage claims, your claim will expire if not timely filed, so do not delay taking action on your loss of consortium claim for compensation. An experienced advocate can help you understand more.

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