Some victims are no longer able to take part in meaningful relations with their loved ones because of personal injuries. In such cases, spouses of the injured parties may be entitled to monetary damages for their loss of consortium.
“Loss of consortium” describes the loss of care, love, and affection experienced because of a personal injury. Courts will evaluate several factors when determining if loss of consortium has been established. Accordingly, establishing these damages can be a complex task.
If you suffered a loss of meaningful marital relations because of a spouse’s personal injury in Indiana, get help pursuing the compensation you deserve. Contact our experienced Indiana personal injury lawyers by calling Wruck Paupore at (219) 322-1166 for a free case review.
In a personal injury lawsuit, a claim for loss of consortium is an action brought by the spouse of the injured victim because of another party’s careless or reckless acts. Damages for loss of consortium provide compensation for the loss of familial relations incurred by a spouse. Some people mistakenly perceive loss of consortium as a form of damages that only applies to the loss of intimate relations. However, the legal definition also includes other aspects of the spousal relationship. According to the Indiana Supreme Court case of Durham v. U-Haul Intern, loss of consortium also refers to the general loss of care, love, and affection experienced by a victim’s spouse.
If your spouse suffered a personal injury, you can contact our Hammond personal injury lawyers for help determining if you may bring a claim for loss of consortium.
Determining if loss of consortium has been established is a complicated task. There are several factors courts will look at when evaluating a claim for loss of consortium in an Indiana personal injury case. Our experienced Indiana personal injury lawyers can help assess the following factors in the context of your claim during a free case review:
First, courts will look to determine whether the marriage at issue was a loving and stable one to determine whether loss of consortium can be established. For instance, a spouse who does not get along with the victim at issue may have trouble recovering damages for loss of consortium. A participant in a healthy relationship will have a better chance of succeeding in their claim.
Courts will also consider a couple’s living arrangements when evaluating a claim for loss of consortium. A spouse who is not living with their husband or wife will have difficulty filing an action for loss of consortium when their partner is injured.
Another factor used to assess an action for loss of consortium is the nature and duration of the loss at issue. Courts will look at the type of care and companionship exhibited between parties. After that has been assessed, courts will examine exactly how their spousal relations have been affected. Our experienced Indiana personal injury lawyers can help explain how the nature of your loss will be analyzed in your case.
Also, when calculating damages for loss of consortium, courts will consider the duration of the loss. The life expectancies of the spouse and victim will be examined, as well as the medical prognosis for the victim’s injuries.
Lastly, courts will assess the victim’s role in child care and household responsibilities when determining if loss of consortium has been established. In some cases, a personal injury victim will be unable to partake in child-rearing activities because of their injuries. The impact of such a loss will be factored into the calculation of damages for loss of consortium.
Furthermore, the loss of household responsibilities contributed by the injured party will be considered when evaluating a claim for loss of consortium. Our Fort Wayne personal injury lawyers can help prove the value of these damages in your case.
Proving loss of consortium can be a difficult and uncomfortable task. Spouses will typically need to answer questions about the status of their marriage before and after the accident at issue. These answers may include testimony about extremely private sides of your life, such as the extent of your sexual relations.
While this line of questioning can be hard to endure, discussing the details of your marriage is the only way to prove loss of consortium in an Indiana personal injury case. The support and guidance of our experienced Indianapolis personal injury lawyers can be very helpful and comforting when answering questions about your loss of consortium.
Some states permit other parties, such as children and long-term partners, to recover damages for loss of consortium. Unfortunately, in Indiana, compensation for loss of consortium is limited to spouses. Our Indiana personal injury lawyers can help victims’ spouses assess the strength of their cases.
Loss of consortium can come in many forms. For example, loss of consortium can occur because someone suffered a slip and fall, resulting in fractured vertebrae and the inability to partake in sexual relations with their spouse. In that case, the victim’s spouse could likely bring a successful claim for loss of consortium.
Furthermore, a victim may suffer debilitating car accident injuries that inhibit their ability to provide any companionship to their spouse. In that case, the victim’s spouse could also make a claim for loss of consortium stemming from their loss of care and affection.
If you incurred a loss of meaningful marital relations because of a spouse’s personal injury, seek assistance from our experienced South Bend personal injury lawyers by calling Wruck Paupore at (219) 322-1166 for a free case review.
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Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.
More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.
In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.
Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.
For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.
Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.
Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.