Proving Your Personal Injury Caused Loss of Consortium
July 11, 2019
Personal injuries can have a wide-ranging impact on victims’ lives. Not only are your finances affected, your relationship with your spouse could be severely damaged. When this happens, you may be entitled to file a claim for loss of consortium.
The questions are: how do you prove loss of consortium and how do you establish the value of these damages?
There are various ways to prove you suffered loss of consortium and having an experienced personal injury lawyer to help you can be invaluable during this process. The accomplished legal team at Phillips Law Group is well-versed in the many details surrounding a loss of consortium claim.
What is Loss of Consortium?
Before diving into the evidence that is required to prove a loss of consortium claim, we must first explain exactly what loss of consortium is after an injury. Victims of motor vehicle accidents, construction accidents, slip and fall accidents, violent attacks and any other type of accident can wind up suffering loss of consortium and so can members of their families.
The purpose of a loss of consortium claim is to compensate the plaintiff for a damaged relationship, loss of dependency, or emotional detachment caused by an injury suffered in an accident.
For the most part, loss of consortium means that the injured loved one can no longer provide emotional support, love, or financial support to the family, spouse or dependents. This includes the loss of the aspects of a relationship between a parent and a child or between two spouses.
Proving There Has Been Loss of Consortium
In order to recover compensation for a claim for loss of consortium, you will need to prove that it exists in your life because of injuries suffered as a result of an accident. Loss of consortium is a non-economic damage and it is difficult to determine the monetary value because victims are affected emotionally. This means that there are no physical signs or monetary evidence, such as medical bills or lost wages.
There is also no set method to determining the value of a loss of consortium claim. However, the following will be taken into account as your Phoenix personal injury attorney works to assign a value to the claim:
- Was your marriage stable and full of love?
- What were the living arrangements of the marriage?
- Did your spouse receive a lot of care and companionship prior to the injury?
- The life expectancy of each spouse
- Was there ever abuse?
- Did the couple require counseling, including family counseling?
- Evidence of the activities you and your spouse took part in prior to the injury
- Evidence of the household chores you performed prior to the injury
Your attorney may also ask you to keep a journal documenting the emotional impact of the injured person not being able to provide the same level of support as before. For example, a child could keep a journal about his or her parent missing school functions or sports practices.
If you are forced to pay for the performance of services your spouse can no longer perform, it is crucial to keep records of payments you made to the person who provides these services. This could include payments made for daycare or tutoring for children.
Contact Phillips Law Group for More Information
Was your spouse seriously injured in an accident in Arizona? Has your relationship with your spouse changed because of his or her injuries? If so, you might have reason to file a loss of consortium claim against the at-fault party.
Proving loss of consortium is not easy. An attorney will know what it takes to build a case for you and show the court how strong your marriage was prior to the injury or untimely death.
Call us at 1-800-706-3000 to speak with an attorney. We do not collect a fee unless you receive compensation.
Free Case Evaluation
Your message has been sent
Thank you for your message, we will get back to you soon.
Liz was great
Kathy Hudson and Donato Giovanatto. Continues to go above and beyond the call of duty. Reaching out to the insurance company about the damage to the vehicle. Forcing them to take responsibility.
Jeffrey Phillips is truly a brilliant attorney and businessman. I would not hesitate for a moment to contact him if I needed a personal injury attorney in Arizona, you would be fortunate to have him and his team. If you have a car accident, slip and fall in a store, or get punched in the face, call Phillips.
Working at Phillips Law Group has been a blessing from the beginning for me and I am extremely thankful to work for a firm that values their employees so much. Here I believe we are a huge family of hard working people that can bring a sense of comfort to our client’s lives in times of hardships, stress and chaos. From intake to Settlement we strive to provide the best customer care to all of our wonderful clients. With a 4.8 rating and over 1100+ star reviews on Google no surprise our firm is extremely well known for the quality of work we do!! #teamPLG!!
Liz Gonzales was great!!!!
Phillips Law Group provides a collaborative environment in which both attorneys and staff work together to achieve the best outcome for clients. As an attorney here at PLG, I’m lucky to be surrounded by seasoned attorneys and knowledgeable staff that share my enthusiasm for helping accident victims. The team here at PLG treats clients with respect and empathy while fighting hard to get the results they deserve.
My review is for Kathy Hudson a legal assistant at the law firm. She is great! She is very professional and a fair based person. She was never rude to me and always called me back. She listened to me and had my best interest as number 1. Mr Nasir who is a supervisor at law firm also was very professional and helpful. Not sure if spelling his name correctly but sorry if not. As far as mr Ross and the lady that runs the front desk reception I would say they are the most unprofessional and rude people I have met at a law firm in my life especially beings they were representing me. But Kathy made it overall a better experience. Thx Kathy.
I would like to send special thanks to Phillips Law Group for giving me the opportunity to be a part of the Best Law Firm here in the Valley. During these troubling times with the epidemic, Phillips Law Group has masterfully created this family-like environment while still maintaining a professional and business-like approach for all their clients. Thru impeccable leadership that is unmatched by other law firms to the Multi-diverse employment opportunities that many employees advance within the firm; Phillips Law Group has not only distanced themselves from all other competition in the Personal Injury field but also has innovatively changed the narrative of being a great law institution. From providing Employee Appreciation Day to celebrating all major Holiday including great competitive contests; Phillips Law Group has the total participation of all employees to help contribute to the continued success of this firm. So in closing I would like to thank Senior Administration (Jeffery Phillips, Eva Chiaramonte, and Tim Tonkin) along with all of my colleagues and many friends for help making Phillips Law Group a unique and wonderful place to call my place of employment for 6+ years.
Although my accident was fortunately not a major one, The Phillips Law Group AZ treated it as such. Their staff, specifically Mr Juan Roque was very professional, courteous and most importantly very informative. Mr Roque's attentive service was phenomenal and I highly recommend this firm!
Phillips Law Group does so much for the community!!! I especially enjoy seeing Juan Roque out there. This gentle giant always has a smile on his face and is a part of a caring and giving team.