Explaining a Loss of Consortium Claim
Any kind of accident can have a long-lasting effect that victims normally don’t consider on the surface level. The concept of missing time from work and lost wages has a more definable and clear monetary impact. However, some other factors can be more profound than not being able to pay the bills. One of the non-economic aspects of severe injuries is how it can affect the affection and companionship that the injured person used to provide. This loss of support and love is considered legally like a loss of consortium. A loss of consortium claim may not be able to reclaim lost love and kinship truly. But victims should not overlook this claim.
What Is Loss of Consortium?
Loss of consortium is also known as loss of companionship or loss of affection. It deals with the problems around the benefits of having a loving parent, child, or spouse in the house. A loss of consortium claim gives a monetary value on that loss of companionship caused by the accident.
This claim is usually tied to the spousal consortium and the void of sexual benefits, however, but according to the Fordham Law Review, it is not limited to that aspect. If a victim’s injuries are severe or result in an unfortunate death, ultimately leaving them incapable of providing affection and love, parents, a child, or consortium can also be filed.
How to Prove Loss of Consortium
Loss of consortium damages falls under tort laws, also known as emotional distress damages. And, they are designed to provide some relief from another party’s negligent actions by giving the injured party financial compensation.
The damages that come from a loss of consortium are considered general damages or non-economic damages. This is why there is not a defined method to calculate this kind of damage. However, if a spouse or a family member is trying to know how much their loss of consortium is worth, the following factors need to be considered:
- Validity of marriage or domestic relationship
- The injuries were caused by someone else’s negligence
- These injuries led to the loss of consortium
- A spouse suffered the loss of consortium
In order to calculate these factors, a judge will have to investigate that your marriage really suffered a loss of consortium. Regarding this, the courts will need to determine the following:
- The length of the marriage
- The stability of the marriage
- The activities that the couple did before the accident
- The living arrangements before the injury
- If there was a history of violence in the marriage or relationship
When filing a loss of consortium claim, the spouse will have to show evidence of the list above to validate that the injuries impacted the marriage. Part of this evidence may be witness testimony and the stability of the relationship.
Who Can File a Loss of Consortium Claim?
In the state of Nevada, a spouse or domestic partner (unmarried) is able to bring a loss of consortium claim. The law gives the same rights a spouse has to domestic partners. If you are the partner or spouse of the injured victim, you are protected by the law to bring a claim for the disruption of your relationship or marriage.
Limitations on Loss of Consortium Claims
In Nevada, there is not a cap on non-economic damages, including loss of consortium. This means that a spouse can be awarded however much the jury deems fair based on the factors discussed above.
Contact Our Personal Injury Attorneys in Las Vegas
If you are the spouse of an injury victim, you might be able to have a claim for loss of consortium. However, there is a statute of limitations of 2 years to file it. Contact our personal injury lawyers at J. Cogburn Law to know if you can recover monetary compensation for your loss of consortium claim. Call us today at (702) 747-6000 for an initial consultation.
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