When you get injured at work and have to suffer financially because of the injury, you can claim workman’s compensation. In the case of death as a result of being injured at work, your family members can lodge a suit for their own loss. Before you even begin your journey on that legal route you need to be sure that the death of your spouse or family member was caused by the negligence or wrongful act of the company you are suing. This is what loss of consortium means- a suit for compensation for the wrongful death or debilitation injury. How the law is applied varies from state to state and case to case. Some states consider the loss of companionship in the case of the spouse and the impact the injury has had on children.
Broad definition of loss of consortium law
When a family lodges a lawsuit against a company for being responsible for the injury or death of another family member or spouse, there needs to be proof of the adverse effect that loss has had on the family. Proof is one thing because there is also the hypothetical future lost as a result of the injury or death. It also needs to be clear in litigation that employer was negligent or failed to provide precautions to avoid workplace accidents.
Loss of consortium is regarded by most as non-economic damages, which are losses that require money as a substitute. It may include damages like physical suffering, mental anguish, loss of companionship and emotional distress. As the San deigo family law attorney report, this emotional distress can sometimes take a toll on a family’s relationship and can even result in divorce. There is a monetary value that can be attached to the loss but often times the degree or level of damage suffered indicates how high or low the monetary value should be.
Who can lodge a loss of consortium claim?
In the past, spouses used to be the ones who would lodge claims. The law has changed and some states recognize unconventional partnerships like same –sex relationships.
Children or parents that get left behind after a death or those whose lives change because of the incapacitated individual can lodge a loss of consortium claim. The point of the suit is that the child or other parent whose quality of life will be irrevocably changed by an injury, might find comfort in being awarded a settlement to help them get through the rest of their lives i.e. be able to keep the house they live in, or paying for college and many other things that could have happened had their significant other or parent not been a victim of the employer’s negligence. Other times, in the case of a death or injury resulting in total or partial disability, it is simply a means of supplement for their most basic needs. In the case that a loss of consortium claim is denied, a social security disability attorney may help with a disability claim that could subsidize for those basic needs.