A serious personal injury frequently affects people who are the closest to the victim of the accident. After a personal injury, the after effects can be especially difficult for the spouse of the victim.
Marriage is in many cases a partnership where partners rely on each other for support in every aspect of their lives. This often includes assisting with shopping, household maintenance and raising children. Intimate companionship is also a major factor that can be disrupted by a serious personal injury after an accident.
Khorozian Law Group, LLC – Accident Injury Attorneys (201) 944-9200.
The loss of this type of support, aid and intimate company is referred to as loss of consortium. This is a type of harm where the spouse who was uninjured may be able to seek compensation.
Making a Loss of Consortium Claim
Usually, a marriage is necessary to make a successful loss of consortium claim. If an injury has interfered with one spouse’s ability to participate in the marriage fully, the other partner is going to suffer a type of loss, and may be entitled to compensation under the law.
Some spouses might feel uncomfortable about making a loss of consortium claim. You may feel that making a claim is a negative reflection on your spouse. However, it is important to know that it is not the accident victim’s fault that their personal injuries are preventing them from being a full participant in their marriage.
For example, a serious back injury in a car accident may prevent a husband from doing things around the house, such as mowing the grass or carrying groceries. Or, he may no longer be able to engage in sexual activity with his wife. If he has been prescribed pain drugs for the injury, a side effect of the drugs could be drowsiness. He may not be able to give his wife the same amount of attention as before. All of these examples could be entitled to compensation under a loss of consortium claim.
If you are considering a loss of consortium claim, it is recommended that you get the help of an experienced personal injury attorney. Pursuing this type of claim will usually require the spouse who is uninjured to testify. This will typically occur in either a deposition during settlement negotiations, or in a court of law if the case goes to trials. To make this testimony most effective, a good personal injury attorney can help the spouse to prepare strong testimony. The attorney will know the typical questions the uninjured spouse will be asked, and can assist you in presenting the case in the most sympathetic way.
Presenting the case in a sympathetic manner can be critical if the case goes to trial. A jury is often able to empathize with the injured person and his partner, if the injury and overall situation are presented in the proper light.
Contact A Personal Injury Attorney Today
Call (201) 944-9200 for a free consultation. A serious accident and injury can deal a serious blow to a marital relationship. The injured person may be dealing with physical pain, but also the mental pain of not being able to do things he used to do around the home and in the marriage.
Often the uninjured partner must handle more responsibilities and even provide care for the injured partner. If you or your loved one was hurt in a serious accident, please contact our personal injury attorneys today to discuss a potential loss of consortium claim.