An accident could have significant impact on the intimate relationship spouses once shared together if one or both have been seriously injured. For this reason, spouses are permitted to file a claim for a loss of consortium in Washington state. The claim of loss of consortium intends to secure financial compensation for emotional distress this type of disconnection can cause following a traumatic injury.
At Hagens Berman, we understand the sometimes less visible, damaging effects an injury can have on family life – particularly the close relationship shared between spouses. We are devoted to representing victims as they pursue compensation against those responsible for an accident and their loss of companionship through loss of consortium claims.
WHAT IS LOSS OF CONSORTIUM?
The loss of consortium is usually a standalone claim filed by spouses or other close family members of accident victims in Washington. It alleges that the injuries a loved one suffered hampered the love, affection, availability and guidance once shared between close relatives.
When a spouse is concerned, loss of consortium can include the sexual intimacy lost between two partners. It may also include the loss of the ability to have children due to an injury that may physically incapacitate one or both partners.
FACTORS AFFECTING A WASHINGTON LOSS OF CONSORTIUM CASE
Loss of consortium is considered a non-economic damage, meaning the victim’s loss is not strictly financial in nature. Hospital invoices are simple to calculate, but the emotional toll for something like a loss of intimacy or companionship is harder to quantify. This type of mental anguish is difficult to put a price on and requires finesse and skill from your legal team to account for and argue.
Because of the nature of these claims, it is challenging to predict the success of a loss of consortium case and the amount of compensation the claim could earn. At the very least, a loss of consortium case must meet certain criteria before it has a likelihood of achieving compensation for the injured.
These are just a few of the important factors that could decide the outcome of your case:
- The actions of the defendant or defendants must be shown to have caused the accident and the injury that led to a loved one’s condition.
- The injury must be shown to have directly caused the loss of consortium.
- An injury usually must cause an abrupt change in lifestyle. Loss of consortium isn’t often claimed in cases where the victim’s injuries were not severe or life-threatening. This claim is usually reserved for cases where victims suffer major long-term or permanent injuries and disabilities.
- You must prove that you were in a legal marriage. You must also find a way to show that your family’s detached state or your lack of intimacy was a result of the accident and didn’t already exist beforehand.
As a spouse, you must prepare for a deep inspection of your relationship by opposing lawyers. A loss of consortium case will leave you open to questions about your personal life, the level of intimacy shared with your partner before the accident, and any history of abuse or other trouble in your marriage.
LOSS OF CONSORTIUM FOR CHILDREN AND PARENTS
While loss of consortium is often thought of as a sexually intimate relationship, the nurturing relationship between parent and child is also categorized as a form of loss of consortium.
Children under the age of 18 are allowed to file a loss of parental consortium after a parent has been severely injured or has died in an accident. In some cases, parents whose child or children are injured or lost in an accident also have the right to bring a claim of loss of consortium against an at-fault party.
Children or parents would file this loss of consortium claim alleging the accident interfered with the parent-child relationship. A child’s case would set out to prove they lost nurturing and emotional support a parent once provided.
PERSONAL INJURY ATTORNEYS WHO PROTECT YOUR RIGHT TO LOSS OF CONSORTIUM
Accident victims suffer physical and mental pain inflicted by their injuries, but their families also endure hardships through recovery and beyond. Family members can lose the companionship and care they once enjoyed with the victim, and serious injuries can drive a wedge between spouses, or keep them from being able to grow their family.
Loss of consortium cases may involve intensely personal information, but you should never be afraid to contact Hagens Berman to discuss your case. You will receive a free compassionate consultation that remains confidential, regardless of whether you decide to move forward with us handling your case. We want to protect you during such a difficult time and make sure you understand your rights as an accident victim.
The nationally recognized attorneys at Hagens Berman have secured settlements for hundreds of victims and appreciate the opportunity to do the same for you. We treat injured victims the way they would like to be treated: with dedication and consideration for your healing. We focus on getting you the most compensation possible, as soon as possible.
Contact the attorneys at Hagens Berman today for a free and confidential case evaluation.