Loss of Consortium

A claim made by the spouse of the injure person or his/her children.

Loss of consortium is a claim made by the spouse or the children of the injured party. The claim is really for loss of companionship and advice.

Notice that this claim is limited to spouses and children siblings, friends, and common unions (union without marriage) are excluded.

The law places value on your relationships with the ones that you love and this is the reason why this type of claim exits. The problem is to put value in the loss of these activities. How much does parental guidance cost? Is your loss of consortium worth $10,000 or $1,000,000?

Note: It is the spouse and/or the children that are entitled to the settlement here. The value in what the children and the spouse lost, not in what the injured parent lost (a dad�s ability to teach his son), but the rather the son�s ability to learn from his dad.

Losses of consortium claims are very complicated and there is a lot debate over who should be entitled to make this claim.

Get a great Bodily Injury E-book for more key information.

Usually loss of consortium will refer to legally married couples even though there is been a constant battle in different legislatures around the country to include same sex couples and non married but committed spouses.

The Most Common Loss of Consortium Claim is to decreased or limited sexual activity between spouses.

Basically the spouse of the injured party cannot have sexual relationships the way they used to before
because of the accident and the result of the personal injury. Is there value on this? I think everyone can agree that there is a lot of value on this.

However, this loss of consortium claim is a very intrusive claim, so much that it could make many people entitled to this recovery to not make this claim.

Since the claim will be centered on someone�s sexual performance; their sexual life�s will be an �open book�, in depositions and for the jury (which would become public record).

Defense Attorney�s will be asking what positions the insured party can not longer perform, and how often did that person used that position? Question like this one could make the testimony embarrassing and emotional. Defense attorneys know this and will use that information against the injured party.

But regardless whether the testimony this type of claim is valid or embarrassing, insurance companies seem to settle quicker and pay more for this type of claim.

Suddenly, the insurance company will have two defend two lawsuits (the injured party�s and his/her spouse�s). The legal cost alone is a motivation for both parties to settle out of court.

However the attorney for the injured person could have a difficult time winning the loss of consortium claim.Many juries who feel that missing out on certain aspects of life or making adjustments and compromises are just a standard part of living.

In these cases, the loss of consortium claim must show extreme circumstances in order to gain a favorable verdict. Life-changing injuries and permanent disabilities generally garner more empathy from judges and jurors when loss of consortium is claimed.

This is the type of claim where attorneys must be present to defend your rights and your reputation!

A Loss of Consortium will not be sucessful for the injured party, but s'he can make a loss of quality of life claim. Read more.

Insurance companies are not on your side�talk to a personal injury attorney before you make any decisions! Fill the form below or call toll free at (866) 493-7760

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Web www.auto-insurance-claim-advice.com

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