Can I recover damages for loss of consortium?

When an individual is injured in a crash, the physical and emotional toll can be significant. However, the impact of the injury can extend beyond the individual, affecting their relationships and the way they interact with their loved ones. Loss of consortium is a legal term used to describe the damage to a person’s relationship with their spouse or partner as a result of their injury.

If you have suffered an injury by a drunk driver, you may be wondering if you can recover damages for loss of consortium. The answer is yes, you can, but it depends on the circumstances of your case. Loss of consortium is a type of non-economic damage, which means that it is a subjective measure of harm that is not easily quantifiable. Non-economic damages compensate an individual for intangible losses such as pain and suffering, emotional distress, and loss of enjoyment of life.

Some factors that can affect your ability to recover damages for loss of consortium include:

  • The laws of your state: Not all states recognize loss of consortium as a separate cause of action, and those that do may have different requirements for proving damages.
  • The severity of your injuries: If your injuries are minor and do not significantly affect your relationship, it may be difficult to recover damages for loss of consortium.
  • The strength of your evidence: To recover damages for loss of consortium, you will need to provide evidence that demonstrates the impact of your injury on your relationship. This can include testimony from friends and family members, as well as expert testimony from therapists and counselors. Before bringing a loss of consortium claim, you should be aware that the defense will likely ask extensive questions about your personal life. Many people are not comfortable sharing these details.

It is essential to work with an experienced personal injury attorney who can help you navigate the legal process and build a strong case for damages. The Ruth Law Team has years of experience helping individuals recover compensation for their injuries and the impact on their relationships. Contact us today at (888) 783-8378 for a free consultation.

You can also visit us by appointment at one of our Florida Law Offices, Minnesota Law Offices, or Georgia Law Offices.

Please note that the answers for each question may vary depending on the specific facts of your case, and it is always best to consult with an attorney to get more accurate information. Also, this is general information and not legal advice.