Your physical and mental injuries, damaged vehicle, and pain and suffering are the damages that your personal injury attorney will likely focus on the most. However, they are not the only damages you might be entitled to. There is a possibility that you are owed compensation for loss of consortium. Although the amount you receive will be less than the other damages, it is sometimes worth pursuing. If you are filing a claim or lawsuit for a car accident, here is what you need to know about the loss of consortium.
What Is Loss of Consortium?
In essence, loss of consortium deals with the damage that was done to your relationship as a result of the car accident in which you were involved. It usually covers marital relationships, but other familial relationships, such as that between you and your parents or children, can also be included.
For instance, if you and your spouse were unable to have a sexual relationship because of the injuries you suffered in the accident, you could claim loss of consortium. If you were unable to care for your minor child or missed special events, such as his or her graduation, you could also sue for this.
How Is It Proven?
Pain and suffering are often thought to be one of the most difficult types of damages to prove in a car accident, but the loss of consortium can be as equally challenging. To prove you and your loved one are entitled to compensation, you will need to start by proving just how stable your relationship was prior to the accident.
In addition, you also have to prove the extent of the damage to your relationship. Using the previous example, if you were unable to have sex due to a physical injury, you could potentially rely on your doctor's testimony regarding your injuries to prove you were incapable of intimacy for a period of time.
Is It Worth Pursuing?
Suing for loss of consortium can sometimes be seen as a waste of resources and time. However, it can sometimes add value to your case. Whether or not it can will depend largely on the impact the accident had on you and your loved one.
For instance, if you and your spouse were already in couples counseling, the insurance company could argue that your relationship was not that strong and the accident did not have a huge impact on it. However, if you and your spouse seek counseling after the accident, you could argue that it was necessary to repair the damage caused by the accident.
Your auto accident lawyer can help determine if suing for loss of consortium is necessary. If so, he or she can develop a strategy for arguing its worth to the insurance company.