It is a stressful and difficult time when your spouse is injured in an accident. In addition to being worried about your spouse, you must deal with the financial burden placed on your family because of the accident. You must also assume many of the duties that your spouse took care of while your spouse recuperates. When you file an accident claim after your spouse heals, are you able to recover compensation for your losses? You might be able to file a loss of consortium.
What is Loss of Consortium?
The personal injury laws in Indiana allow a spouse to file a claim for loss of consortium. When used in a legal context, consortium means the right of companionship and association with a spouse.
Therefore, when you file a claim for loss of consortium, you are claiming that you have suffered the loss of benefits associated with your spouse such as:
- Sexual relations
- Household chores
- Affection and love
- Companionship and emotional support
- Preparing meals
- Caring for children
A loss of consortium claim is a separate claim from any other claims made by your spouse. Therefore, the compensation paid for a loss of consortium claim is paid to you as the person who was damaged because of the other party’s negligence and wrongdoing. In addition, the court may also use the severity and type of injury suffered by your spouse as a factor when determining the value of your claim. For example, if your spouse is in a coma or paralyzed, your claim may have a higher value.
How Much is a Claim for Loss of Consortium Worth?
Much of a loss of consortium claim is not quantifiable, much like other noneconomic losses. However, the courts recognize a loss of consortium as a real loss. The amount you may receive for your claim depends on several factors. Courts may consider such factors as the life expectancy of your spouse, whether you had to hire someone to help with the children or household chores, the stability and the length of your marriage, and your life expectancy.
Placing a dollar figure on the loss can be difficult. There is not enough money to compensate you for some losses. The PBAR legal team has handled many accident claims, including loss of consortium claims. We understand the factors the court considers when calculating the value of the claim. Our Indianapolis accident attorneys work closely with you to provide as much detail as possible about your loss, including specific financial losses such as hiring help.
Call Our Indianapolis Accident Attorney for a Free Case Review
If you are wondering whether you might have a loss of consortium claim, call Poynter & Bucheri for a free consultation with one of our Indianapolis accident attorneys.