If your spouse was seriously injured in an accident caused by another’s negligence, you might have questions about collecting compensation for yourself, for the losses you have suffered as a result of their injuries. In your case, you may be able to make a personal injury claim for loss of consortium, services, society and companionship . But because such claims are very delicate and complex, it is vital to retain legal counsel from an experienced personal injury law firm.
Continue reading to learn more about loss of consortium claims, and what you need to know about making a claim for your losses and damages.
Loss of Affection, Assistance, and Companionship
Loss of consortium claims are also known as “loss of affection” and “loss of companionship” claims. The universally-accepted definition of loss of consortium reads, “the legal right of one spouse to the company, affection, and assistance of and to sexual relations with the other.” On the other hand, loss of consortium claims can also be made by parents of seriously injured children, which means that the definition can be altered depending on the type of relationship and loss of company.
If your spouse’s injuries have caused your marriage to suffer, either due to a loss of companionship, partnership, or any other emotional or physical deficit, you may be entitled to make a loss of consortium claim. In another example, if a parent’s child is seriously injured (or killed) in a negligent accident, and as a result, the parent-child relationship is severely impacted from a loss of company, affection, or even assistance, they too may be able to make a claim.
However, the rules surrounding loss of consortium claims vary from state to state. For instance, currently under Indiana law, the only people permitted to make a loss of consortium claim are actual spouses. Furthermore, they must have been legally married at the time of the injured spouse’s accident. Moreover, laws change so it is important so talk with an attorney.
How to Make a Loss of Consortium Claim for Your Spouse’s Injuries
If you wish to learn more about your rights to compensation after losing companionship, affection, and similar emotional and physical needs as a result of your spouse’s or child’s injuries, your first step is to talk to a personal injury lawyer. They have the acumen, resources, and experience to educate you on your situation, and provide professional advice on the best course of action for your claim. Schedule an initial consultation to discuss your case, and learn what your next steps should be.
Get Advice From an Indianapolis Personal Injury Lawyer Today
Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for help with personal injury claims in Indianapolis, Indiana. We can help you recover the fair compensation you deserve after you and your spouse have suffered serious injuries as a result of a negligent accident. We offer free initial consultations and never collect lawyer fees unless we prevail for you. But please schedule your consultation before time runs out on your claim! We are located in Indianapolis, Indiana and we represent injured persons throughout the State of Indiana.