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What Is Loss of Consortium?

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lossWhen a family member is seriously injured or killed in an accident, your life will change forever. The ongoing love and support you and other loved ones will miss because of the life-altering injury or death of your loved one is known as loss of consortium. Let us take a closer look at how loss of consortium was viewed in the past and which loss of consortium damages are recoverable.

The History of Loss of Consortium

In previous years, women were considered the property of men. If a woman was unable to perform her domestic duties for a man or satisfy him in the bedroom, the man would be able to recover compensation for these services. Over time, this was viewed as unfair and women were allowed to recover loss of consortium damages, just like men.

How to Prove Loss of Consortium

If you would like to prove loss of consortium, it is in your best interest to consult a highly skilled personal injury lawyer. They can determine whether you are eligible to collect compensation for this damage and communicate with the court on your behalf.

Since you may have to share personal aspects of your relationship in order to prove loss of consortium, it is important to work with a lawyer that makes you feel comfortable. The court will consider the following factors to determine whether to award loss of consortium:

  • Whether the relationship was loving and stable;
  • The living arrangements;
  • The amount of care and companionship the individual claiming loss of consortium received; and
  • The life expectancy of the individual filing the claim.

Types of Loss of Consortium Damages

Loss of consortium entails a variety of damages. Some of these damages include:

  • Loss of income if the loved one was the main breadwinner;
  • Loss of guidance if a son or daughter lost a parent;
  • Loss of a sexual relationship and affection;
  • Loss of services such as cleaning, meal preparation, and childcare; and
  • Mental and emotional distress.

The court will take the severity and types of losses suffered into consideration when calculating loss of consortium. However, this can be challenging as it is not easy to calculate loss of companionship and other intangible suffering.

Contact Our Will County Personal Injury Lawyers

If someone you love has been seriously injured or killed, contact our experienced Will County personal injury lawyers. We can inform you of what types of damages you may be eligible to recover and ensure your rights are protected. For a free consultation, call us at 815-666-1285 today.

Source:

https://scholarship.law.stjohns.edu/cgi/viewcontent.cgi?article=5477&context=lawreview

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