Loss of consortium is one of the many non-economic damages injury victims can recover. Unfortunately, there’s a lot of confusion around this subject. For instance, many people think that loss of consortium only refers to the inability of couples to have sexual intercourse.
However, the concept is much wider than this. Therefore, if your spouse has been in a crash, you should talk to a Mableton car accident lawyer. An excellent attorney can explain what loss of consortium means. Furthermore, they can tell whether you’re eligible to file a suit.
What Is Loss of Consortium?
Firstly, let’s establish that loss of consortium isn’t just about sex and physical affection. These are only a part of the entire claim. So, this compensation type covers the loss of all the things your partner used to do for you before the accident. Therefore, loss of consortium refers to compensation for the disruption of a couple’s enjoyment of life.
The primary benefit relating to a consortium that’s lost in an accident is the right to companionship. In addition, the benefits of love, society, care, affection, and intimacy are affected too. Importantly too, after an accident, a spouse loses the victim’s services. Services here refer to their partner’s contribution to household chores.
Examples of Lost Services That Make Up a Loss of Consortium Claim
The lost services in a loss of consortium lawsuit include:
- House cleaning
- Cooking for the family
- Caring for the kids, especially driving them to school
- Running errands in the home
- Physical labor around the house, such as lawn mowing
Furthermore, loss of consortium can get worse if the victim has pain and suffering. For instance, emotional distress can change the partner’s mood and personality. As a result, they may become unable to supply their spouse’s emotional needs. In addition, frustration and frequent complaints are significant contributory factors.
Who Can Sue for Loss of Consortium in Mableton, Georgia?
In many American states, the injured victim’s family can sue for loss of consortium. This includes their parents and children. However, the eligible class is lower in Mableton, Georgia. In Georgia, only the wounded party’s spouse can sue.
Furthermore, the couple must be married at the time of the accident, as unmarried spouses cannot claim for loss of each other’s consortium. It’s also noteworthy that it’s inconsequential that the couple was living together.
Notably, these lawsuits are derivative in nature. This means that the other spouse can only sue if the injured partner has a right to damages. Therefore, suppose that, for any reason, the wounded partner’s right to sue is extinguished. Here, the other spouse cannot sue for loss of consortium.
Proving Loss of Consortium
Loss of consortium deals with intangible elements. Therefore, establishing it in court will be challenging. In addition, consortium is private. So, you may have to expose intimate details of your marriage. In addition, explaining the importance of your unique routines will be difficult too. For instance, how do you demonstrate the value of foot rubs and weekly joint exercises?
Therefore, it’ll be best to hire a car accident attorney. If you explain your case to your lawyer, they’ll in turn explain to the court or insurance company. Consequently, you don’t have to recount your intimate moments yourself. Moreover, the lawyer can convince the jury with their skill and experience.
Relevant Factors in a Mableton Loss of Consortium Claim
Many factors affect the success of your claim. The court or insurance company will consider these factors when calculating loss of consortium damages. They include:
- The nature of your marital relationship
- Marital stability
- The state of your marriage after the car accident injury
- The presence or otherwise of domestic violence in the marriage
- Life expectancy and age of the couple
- The number and age of children from the marriage
- The social capacity of the injured spouse
After considering these factors, the court or insurance company will then decide on a reasonable value for the loss the spouse suffered.
Mableton Car Accident Lawyers Can Get You Compensation for Your Spouse’s Injury
Has your loved one suffered an accident in Mableton? If so, then you need a car accident attorney. You can recover significant economic losses from the fault party. In addition, the responsible driver can pay for your loss of consortium. However, proving this claim without a Mableton car accident lawyer can be challenging.
At The Weinstein Firm, our lawyers have decades of experience representing car accident victims. In the process, we have filed and won claims for loss of consortium. So, we have all it takes to win your loss of consortium claim. Consequently, it’ll be best to call our law office today for a consultation on your case.
