Loss of Companionship and Consortium After an Injury
Loss of companionship and loss of consortium are two totally different theories, but they both come into play when a loved one has received a life-changing injury or experienced a wrongful death. We will help you understand the two as well as what damages you may be able to receive for both.
Loss of Consortium
If injuries resulted from a defective product to your loved one, you may be entitled to damages known as “loss of consortium.” But what calls for these cases? These damages are brought by your attorney in court when the injured party has received such extensive injuries that they now have limited sexual activity as a result. It also refers to things like care, companionship, and affection. If one of these cases goes to court, you should remember that it will be made public, which is something that may stand in your way from bringing a claim – but not to worry, because you could see results if your injured spouse now suffers as a result of the injury.
Both the injured party and the spouse are able to make claims of loss of consortium in court. You can bring the same claim as your spouse against the same defendants, even though you were injured and your spouse was not – the claim affects both of you. Companies are sometimes more willing to settle a case when there are multiple defendants standing up against them.
Loss of Companionship
Loss of companionship frequently occurs in wrongful death cases, where a spouse was killed as a result of a product or accident. The damages that stem from these cases are considered non-economic because the loss of companionship holds no specific number. If the court hears your story and they are moved by it, they may be willing to award excessive damages. In some states, caps are put on these damages to limit them.
Because each case is different, it pays to speak to your attorney about your case no matter what. Each state handles these cases differently and different rules will apply. Learn more by giving us a call today for more information.