Mitchell | November 30, 2022 | Personal Injury
Calculating Damages If You Suffered Loss of Consortium
After an accident with serious injury, the primary focus is on the injured party. However, the impact generally goes far beyond a single person. Those closest to the injury victim are often deeply affected.
The person’s injury may alter their relationships including the one with their spouse. When an injury affects a person’s relationship, a spouse may be entitled to bring a claim for damages based on loss of consortium. It is important to discuss your case with an attorney to determine whether you are eligible for compensation.
At Lattof & Lattof, P.C., we provide dedicated representation for accident victims and their families. We have proudly served clients throughout Mobile, Alabama since 1952, having secured millions of dollars on their behalf. If you have suffered a loss of consortium from your partner after an accident, contact our office at (251) 432-6691 to schedule a free consultation.
What Is Loss of Consortium?
Alabama law allows for a spouse to file a claim for loss of consortium if they experience a loss of “conjugal fellowship” or sexual relationship due to the other spouse’s injury.
Loss of consortium may include the loss of the spouse’s:
- “Aid of the other in every conjugal relation”
In other words, a spouse may have the right to file a claim for damages based on loss of consortium if their husband or wife becomes unable to engage in sexual activities, help with everyday tasks, or if they experience a loss of companionship, love, and affection.
Who Can Bring a Claim for Loss of Consortium?
The spouse of an injured party can bring a claim for loss of consortium. While some other states have extended the eligibility to other loved ones, ]]]]]jjAlabama only gives the right to a spouse. In addition, you must be able to show that you had a legal marriage and that your spouse’s injury was the cause of your loss of consortium.
How Are Loss of Consortium Damages Calculated?
There is no fixed standard for calculating loss of consortium damages. They are left to the discretion of the jury.
A jury may look at several factors to determine the value of your claim including:
- The length and stability of the marriage;
- The relationship between the spouses prior to the injury
- You and your spouse’s life expectancies
- Your living arrangements
Since no two claims are the same, it is important to discuss your case with an experienced attorney. You only have two years to file a claim based on loss of consortium, so it is essential to act quickly.
Contact a Loss of Consortium Attorney Today
Did an injury to your spouse affect your relationship? Did you suffer a loss of companionship, love, or affection as a result of their accident? Contact our office today at (251) 432-6691 to schedule a free consultation.
At Lattof & Lattof, P.C. we will help you understand your rights if your spouse was wrongfully injured. We have extensive experience working with injury victims and their families. Let us fight for you to receive the maximum damages allowed by law. Call now to get started.