When an individual suffers from a serious personal injury oftentimes their families are affected by the situation as well. Along with the loss of wages and pain suffering, families, and in particular a spouse, may endure loss of consortium.
As early as the 1800s loss of consortium was recognized under law in Europe, however, it wasn’t until the 1950s in the United States that the rights to claim loss of consortium were extended to both man and woman.
Loss of consortium is defined as the loss of benefits of a family relationship due to injuries caused by a negligent individual or party. These losses may include:
- Decreased or Limited Sexual Activity
- Household Contributions
For example, if the injured spouse is no longer able to assist the other with household chores as they once used to this may be considered household consortium. Some injured individuals may also need specialty beds for more comfort which may lead to the other spouse sleeping in another bed and loss of affection of companionship.
An experienced personal injury attorney can help you determine if you may be eligible for compensation for loss of consortium.
For a free evaluation of your situation, fill out the ‘FREE CASE REVIEW’ form located to your right – it’s completely confidential.
Causes of Loss of Consortium
In the state of North Carolina for a loss of consortium claim the primary injury must be one of substance. For example, a concussion may not cause loss of consortium but serious traumatic brain injury may.
Some other causes of loss of consortium include:
- Loss of Limb
- Psychological Injuries
- Hearing Loss
- Loss of Eyesight
- Chronic Pain
Loss of consortium may be claimed due to serious injury but may also be awarded due to wrongful death of a spouse. In some cases loss of consortium may also be the product of medical malpractice which could result in serious injuries or wrongful death.
How a Loss of Consortium Claim is Assessed
The statute of limitations for a loss of consortium claim is the same as that of a personal injury. If your spouse suffered an injury he/or she has three years to make a claim and thus you have three years to make a loss of consortium claim.
In some cases loss of consortium may also include economic damages such as the need for a nanny if the stay-at-home parent is the one seriously injured. However, it is much more difficult to place a number on how much the loss of companionship can hurt an individual which in the end a jury of peers will decide.
Contact our Winston-Salem Personal Injury Lawyer
The loss of companionship can be overwhelming and oftentimes will disrupt the entire family dynamic. If you or a loved one is suffering from loss of consortium, the victim may be entitled to compensation. At Lewis & Keller we sympathize with how difficult it can be when your spouse is serious injured and believe that you should be able to fight for your right to fair and just compensation.
With more than 150 years of combined legal experience, our knowledgeable team of lawyers are ready to provide you with comprehensive legal counsel on your situation. We will work with you to ensure that you receive the MAXIMUM amount of compensation you deserve.
We have offices located in Winston-Salem and Greensboro, North Carolina and proudly serve the following areas:
- Oak Ridge
- High Point
…and many more local cities and towns. To find out how we may be able to help you, contact us at 1-866-299-1769 to get connected with one of our lawyers. Our intake staff members will connect you with one of our lawyers best suited in handling your claim after a few preliminary questions about your case.
We may also be contacted online. Fill out the ‘FREE CASE REVIEW’ form located at the top right hand corner of this page and we will review your case immediately.