In some cases of death or severe injury, a “loss of consortium claim” is a legal option to recover some damages. With a loss of consortium claim, you can recover damages if you can prove the injury or death was the result of negligence or intentional or wrongful acts by the defendant. The amount you can file for depends on the state where you live and the extent that you can prove the injury or death disrupted your life. If you think you have a loss of consortium claim, make sure you discuss options with the top personal injury lawyer in Bradenton, FL. To determine if you do, read on.
A loved one will have had to have been severely injured or died, the death must be because of negligence, intentional acts, or wrongful actions, and their incapacitation or death will have to have drastically affected your life. Severe injuries that establish eligibility include but are not limited to loss of consciousness over an extended time, paralysis, loss of the ability to complete basic care tasks or the loss of the ability to lead a normal life. Injuries that do not reach that level of severity are not eligible, except if they have a major impact on your life because of ongoing care you have to provide the injured party. Your personal injury lawyer in Bradenton, FL, can help you determine your eligibility.
These are broad-ranging. Your life with the injured or dead loved one will have to be greatly altered. In either case, you have to show the injured or dead party can no longer show you the same love, companionship, or sexual satisfaction as prior to the injury or death. Additionally, physical pain and suffering, emotional distress, mental anguish, humiliation, and embarrassment are also part of the damages that may be included in a loss of consortium claim. In addition, loss of social status or reputation can be included. If that has happened to you, check with your Bradenton, FL, personal injury lawyer to see if your case meets that standard.
The goal of these damages is to give you a general substitute for your loss in the way of a financial payout. Because each of these does not easily have a dollar amount assigned to them, any payment will be an estimate that a judge or jury will have to assess and levy.
In this type of case, one very important factor is the role of experts. Expert witnesses can help establish not only your eligibility for a loss of consortium claim but also how much that loss costs in monetary figures. Selecting and working with expert witnesses will be the responsibility of your personal injury lawyer in Bradenton, FL.
If you have a loved one that was severely injured or killed because of negligence, intentional or wrongful acts, you may have a loss of consortium case. If you do, you must talk to the top personal injury lawyer in Bradenton, FL to determine if you are eligible.