Whether your loved one’s injuries give rise to a car accident claim, another personal injury claim, or a wrongful death claim, don’t overlook your own loss of consortium claim to recover your losses!
The serious injury or death of someone you love—a spouse, child, or parent—is devastating. If a close family member is injured or dies and is therefore unable to fulfill the role he or she played in your life, you may be entitled to monetary damages for “loss of consortium.” These damages are intended to compensate you for the loss of that person’s affection, companionship, sexual relations, and all the other services and benefits he or she provided before being injured.
If your loved one suffered personal injuries or death caused by someone else’s negligence or carelessness, an experienced Columbus Personal injury attorney can help you determine whether you have a loss of consortium claim to compensate you for your own loss—in addition to the personal injury claim on behalf of your loved one for medical expenses, pain, and suffering lost wages, and the like. At Slater & Zurz LLP, our car accident lawyers have been handling personal injury cases for over 30 years and have built a long track record of success in obtaining compensation for our clients. Call one of our auto accident lawyers for a free consultation, and we’ll evaluate your loved one’s personal injury claim as well as your potential loss of consortium claim. We’ll let you know your rights, answer any questions you may have, and recommend what we believe are your best options.
Most serious personal injury claims can give rise to a loss of consortium claim.
You may have a loss of consortium claim if one of your close relatives (typically, but not always, a spouse) has suffered serious personal injuries or death as the result of someone else’s negligence in the following circumstances:
- Car accident, whether your loved one was a driver, a passenger, or a pedestrian;
- Wrongful death;
- Premises liability (falling on the unsafe property);
- Medical malpractice;
- Construction accident;
- Catastrophic workplace accident; or
- A serious dog bites or attacks.
Other wrongful conduct may also give rise to a loss of consortium claim. An experienced car accident lawyer is in the best position to advise you concerning both the strength of your loved one’s personal injury claim and your likelihood of success on a loss of consortium claim.
Several elements must be proved to ensure that your loss of consortium claim succeeds.
To mount a successful loss of consortium claim, you must demonstrate that someone else’s wrongful conduct resulted in serious injury to your loved one and that your loved one’s injuries caused a loss to you personally.
- The personal injury or wrongful death claim on behalf of your loved one must be successful. Your personal injury attorney must show that the person whose conduct injured your loved one breached a duty owed to your loved one—such as a duty to drive safely, a duty to restrain a vicious dog, or a duty to provide competent medical care—and caused your loved one’s injuries.
- You must demonstrate that you suffered a loss as a result of your loved one’s injuries. If your injured loved one is your spouse, you may have to provide evidence concerning the length and stability of your marriage, your living arrangements, your intimate relations with your spouse, your personal mental or emotional suffering, and how your relationship and home life have changed as a result of your loved one’s injuries or death.
The losses for which you may be awarded damages include the following:
- Loss of society and companionship;
- Loss of affection;
- Loss of a sexual relationship;
- Loss of services previously provided by your loved one, such as child care, personal care, household chores, yard maintenance, and the like; and
- For a child, loss of parental guidance and training.
Damages for loss of consortium are considered “noneconomic damages” in Ohio.
Some states, including Ohio, limit the amount of money that can be awarded as “noneconomic damages”—amounts that have no fixed monetary value. Unlike compensation for a medical bill or lost wages, non-economic damages have no set value.
In Ohio, the most you can receive for loss of consortium is capped at $350,000. (If your loved one suffered catastrophic injuries—specifically, substantial physical deformity, loss of use of a limb, or loss of a bodily organ system—his or her non-economic damages, such as pain and suffering, are not limited.)
Because of the cap on damages, it’s essential to hire a seasoned attorney with the expertise to maximize all compensation that you’re entitled to receive.
If your loved one has been seriously injured, trust an experienced personal injury law firm dedicated to vindicating the rights of people injured by others’ negligence to handle your loss of consortium claim.
If your home and family life has been disrupted because of your loved one’s serious injuries, you may be entitled to compensation for loss of consortium.
At Slater & Zurz, our car accident lawyers take the rights and concerns of injury victims and their families seriously. We understand the void that results when a spouse, parent, or even child is unable to resume his or her role within the family or household—either for a protracted period of time or for life. Adjusting to the changes necessitated by a loved one’s injuries will take time and may cost a substantial sum of money.
If your loved one has suffered a significant injury or death, call or email our team to schedule a free consultation to discuss your case. One of our personal injury lawyers will listen to your story and evaluate your loved one’s personal injury claim as well as your loss of consortium claim. If we take your case, we’ll craft a strategy to maximize your compensation and suggest the best path forward.
You don’t have to pay us unless we obtain a favorable judgment or settlement for you. We’re here to serve your legal needs with compassion, determination, and the proven ability to win.
We advocate strongly on behalf of injured victims across Ohio, with convenient locations in Akron, Canton, Cincinnati, Cleveland, Columbus, and Toledo.