Watching a loved one with an injury received from an accident, or having someone you love die due to an injury they received makes it difficult but you may be entitled to some type of benefit. It is important that you understand what type of lawsuit you can file and how to proceed from beginning to the end.
Loss of Consortium
A family member or spouse can recover what is called consortium damages from a person who caused an injury or even death due to their negligent behavior. The family is declared eligible for benefits because there is proof that enforces the claim that one individual or company has caused this type of injury or death. The family or spouse will need to file a claim against the individual or company as soon as possible in order to receive full benefits. Claims for loss of consortium is normally only awarded to the individual who received the injuries, unless the individual is a minor.
Calculating the Loss
General damages are normally what falls under the category of loss of consortium. This includes emotional distress, pain and suffering.
Spouses and Partners
At one time, spouses were the only ones who could legally file a loss of consortium claim however now, long time partners qualify as well as same-sex partners too. If you are unsure, as your lawyer to further determine if you have the rights to file.
Children and Parents
In some areas, children or parents can file a loss of consortium claim. In order to be eligible to file, you will need to provide proof that the parent or child that was injured can no longer provide the amount of care they need that was demonstrated prior to their injuries they received.
Legal Limitations
If you are filing a claim as a spouse, you will need to provide proof that you are married to the individual that received the injury or died as a result of. If you were divorced prior to the claim, the amount awarded will be less than what the original amount was.
Insurance Policy Limitations
Liability policies sometimes cap the amount that an insurance company can pay out if an accident occurs. This is known as a single injury limitation. You can investigate this matter further to learn more about the limitations. Most times, the compensation will normally not be anything more than what is stated.
Loss of Consortium Considerations
Before you can file this type of claim, you will need to familiarize yourself with the legal process and what the rules and regulations are in your state. Contact a personal injury lawyer in Cornwall for more information or to see what you need to do, to proceed with your claim as soon as possible.