Compensation for personal injury cases in Ohio is designed to make victims and their families whole again. Compensation may cover a wide range of losses, including the loss of consortium. Loss of consortium is a term that refers to the loss of support, services, and other damages suffered between the injured party and their spouse or children. If your injuries make it difficult for you to give your family the emotional support and love you were once capable of providing, this is an example of loss of consortium.
Defining Loss of Consortium
Generally, the most severe personal injury claims cover loss of consortium in awards of compensation. Some of the different types of damages that may be awarded for loss of consortium include:
- Loss of affection
- Loss of companionship
- Loss of services, such as personal care, child care, and household chores
- Loss of a sexual relationship
- Loss of parental guidance (for a child)
Severe, catastrophic injuries can profoundly impact a survivor’s relationships, which is what damages for loss of consortium addresses. For example, if a married couple regularly went on walks together and, later, the husband was injured in an accident, making this impossible, this is a loss of consortium. If a parent can no longer play with their children because of their injuries, this is also an example of loss of consortium.
Factors Considered in Loss of Consortium Claims
There are many factors considered when determining the value of a loss of consortium claim. The severity of your injuries, the length of time it takes for you to recover, and the impact it has on the relationships in question would all play a role. The age and health of the injured party might also be relevant.
Evidence Needed for Loss of Consortium Claims
To strengthen your loss of consortium claim, you will need evidence to build up your case. Evidence in a loss of consortium claim includes testimony from family members regarding the impact the injury had on your relationships with them and medical expert testimony. The testimony your family members provide may address the following:
- The new quality of life of their injured loved one
- A spouse may talk about the quality of the marriage enjoyed before the accident occurred
- Any plans a married couple may have had to have children and if the accident impacted their ability to do so
For spouses trying to claim loss of consortium, the history of the relationship may also be relevant evidence. Having an experienced Cleveland personal injury lawyer on your side can help you gather all the necessary evidence and present it in a way that is beneficial to your case. Loss of consortium is often a major factor in personal injury settlements, and with proper legal representation, you stand a better chance of obtaining favorable results.
Speak to an Experienced Personal Injury Attorney in Cleveland About Your Claim Today
If your loved one suffered severe injuries in an accident that was caused by a negligent party’s actions, it is likely impacting your life as well. At George Mineff, Jr., Attorney at Law, our Cleveland personal injury team is dedicated to providing exceptional legal support. We understand how a catastrophic accident can severely impact a family’s life and future. Let our dedicated team fight for fair and just compensation on your behalf. Reach out to our law office today at (216) 621-3930 to schedule a free consultation.
