If a spouse has suffered a severe, debilitating or disabling injury, one will most likely lose certain marital benefits that they have experienced since the onset of the marriage. Some of those benefits are obvious, such as a spouse cooking or performing household chores, while other benefits may be less apparent, such as the loss of support and companionship.
In the legal world, when a spouse is injured and the non-injured spouse suffers the loss of marital benefits, the non-injured spouse has the right to file a loss of consortium claim against the party that is responsible for their spouse’s injuries. An uninjured spouse can incorporate their loss of consortium claim into the injured spouse’s personal injury claim.
If you or your spouse has been injured, turn to a trusted Chicago personal injury attorney at Phillips Law Offices for legal assistance.
WHAT IS LOSS OF CONSORTIUM?
The legal definition of “consortium” is the legal rights of a spouse to the company, companionship, affection, sexual relations, and love with the other spouse. If one spouse is seriously injured, these injuries can affect the other spouse’s legal rights to these marital benefits. As a result, the non-injured spouse can file a claim in order to hold the at-fault party responsible and recover compensation for their losses.
WHAT FACTORS ARE TAKEN INTO CONSIDERATION IN A LOSS OF CONSORTIUM CLAIM?
The court will consider a number of factors when determining whether or not you are entitled to compensation for the loss of consortium. Some of these factors may include the stability of the marriage, life expectancies of the spouses, relationship between the spouses, and the severity of the victim’s injuries.
HOW CAN A PERSONAL INJURY ATTORNEY HELP WITH YOUR LOSS OF CONSORTIUM CLAIM?
A loss of consortium claim must be included in the victim’s personal injury claim. For this reason, it is best to have an experienced personal injury attorney handle your loss of consortium claim.
A personal injury attorney represents victims who have been harmed as a result of another person’s negligence. A personal injury case arises when a person has sustained a physical or psychological injury stemming from an accident. The negligence caused by another can have a major impact on one’s health, their physical abilities, their financial earning potential, and their overall quality of life. The victim may no longer be able to support their family or enjoy the activities that they have enjoyed throughout their life. Those who have caused such harm to the victims deserve to pay for what they have done, and the team at Phillips Law Offices will hold the wrongdoers accountable for their negligence.
CONTACT THE PERSONAL INJURY ATTORNEYS AT PHILLIPS LAW OFFICES TODAY
If your spouse was seriously injured as a result of someone else’s negligence, you may be entitled to compensation for your losses. Tell the personal injury attorneys at Phillips Law Offices more about your situation so we can determine whether or not you have the right to file a loss of consortium claim.
Phillips Law Offices is located at 161 N Clark St #4925, Chicago, IL. The Chicago law office can be contacted via phone at (312) 346-4262 or via their website to receive a free consultation with an attorney.