Loss of consortium damages can be claimed by a person who has lost meaningful relations with a loved one due to a personal injury suffered by them or wrongful death. Loss of consortium is said to be a derivative cause of action that arises when a person causes serious injury or death to a person. The claims made against this loss are not a direct outcome of the perpetrator’s own actions but are an indirect consequence of the harm that is suffered out of them. When a person suffers from a serious injury, such as a physical disability, loss of movement, or amputation, they may not be able to deliver the same love and affection to their spouse or family. Such family members have, at law, a right to seek damages and compensation for the love and comfort that they have been deprived of due to the accused person’s fault.
Scope of claims under loss of consortium
Loss of consortium can be claimed for all emotional and moral support that was being provided by the suffering or deceased victim to their loved ones. In addition to this, the claimant can even hold the accused accountable for all other joys of life and means of happiness that they have been stripped of, including sexual satisfaction, companionship, and comfort.
It is an established fact that money cannot replace emotional support or mental well-being, which are all non-economic needs for a healthy life. Similarly, the happiness provided by a spouse or a loved one, to say of a cup of tea shared on a Sunday morning, or intimate support shared between them, cannot be made up for through damages or compensation. It can only reach as far as making a victim’s, as well as the plaintiff’s life a little easier and comfortable.
Taking legal action
Moreover, a plaintiff who wishes to bring in a loss of consortium action against an alleged wrongdoer only needs to prove the prevailing absence of emotional support and happiness that previously existed when their loved one was okay and everything used to be normal. It then depends on the judge or jury’s sole discretion to quantify the loss in whatever amount of damages and award the same to the plaintiff. A claim brought under a loss of consortium is similar to that of direct emotional injury, suffering, and distress, which are equally difficult to prove before a court of law. For this reason, a successful loss of consortium claim can be brought in only when the most serious injuries are suffered.
Loss of consortium lawsuit loans could help you
If you or a loved one has suffered paralysis, amputation, death, or incontinence, these effects are long-term or permanent and you or your loved one could qualify for pre-settlement funding for loss of consortium. Baker Street Funding has funded many cases involving the loss of consortium.
Other damages than physical injuries that our underwriters would look into are the relationship between the claimant and the victim, their living arrangement, the type of care and companionship shared between the partners, and so on before approving your case.
Call us at (888) 711-3599 to get started with your application now.