According to the Cornell School of Law, a loss of consortium is defined as “deprivation of the benefits of a family relationship (including affection and sexual relations) due to injuries caused by a tortfeasor. The spouse of someone injured or killed in an accident can sue for damages based on loss of consortium.”
Consortium? Tortfeasor? These are confusing legal terms that are misleading. If you or a loved one has suffered a serious injury and are looking to make a legal claim then you need specific definitions of these terms. So let’s dig deeper to find out what they mean.
The term consortium sums up all of the benefits you receive from being in a familial relationship with someone. This includes your mother’s ability to see you while you graduate, your sister’s ability to give you a phone call on her cell phone, or your husband’s ability to be intimate with you after date-night.
Property damage or severe injuries such as a broken bone, a spinal cord injury, or a traumatic brain injury that causes weight gain or testosterone levels decrease can qualify you for loss of consortium. If this happens, it means that your medical bills could be covered. Some people do not realize that a loss of physical intimacy due to injury is a legitimate legal claim, so they take no action. But if you or your loved one is in need of natural supplements due to your injury, then you could have the best testosterone boosters covered under a personal damages claim. Make sure to seek legal advice if this applies to you.
A tortfeasor is an individual who commits a tort, which is defined as “an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability. In the context of torts, “injury” describes the invasion of any legal right, whereas “harm” describes a loss or detriment in fact that an individual suffers.
Most people who know the term “tort” have been involved in a rear-end collision or some other auto accident. According to an Orange County car accident attorney, “Distracted, negligent, and reckless automobile drivers cause around 600 injuries per day in our state.”
That’s just Southern California, not to mention the entire United States. It’s safe to say that a car crash is one of the most common causes of accidents leading to cases leading to loss of consortium claims. If you are hurt in a motor vehicle accident due to reckless driving make sure to get the contact information of the other party before calling a car accident lawyer.
Seeking Legal Advice
If you believe that you have the right to file a loss of consortium claim, then it would be a good idea to seek legal representation. The last thing you need is to go through all of the bureaucratic red tape of filing a claim just to lose out due to a technicality. A lawyer who ll the understands all the technical jargon and procedures can help you take action that will be in your best interests.
Having the right attorney and a good legal team behind you can make all the difference when filing an insurance claim. Remember, many people do not file for loss of consortium because they do not believe they are applicable, so seek out a free consultation to find out if you have a case. You deserve all of the compensation you can receive at a time like this, so don’t cut yourself off from potential reward. Take action today and begin to take your life back.