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What is loss of consortium in a legal claim?

This blog frequently discusses the types of damages that can be caused by a car crash, including the physical, emotional and financial toll such an accident can take. While car wreck victims may struggle to reclaim their health, they might also struggle with their bills, many times thanks in no small part to medical expenses and lost wages. However, there are intangible losses that one may never fully be able to reclaim. For these losses, compensation may still be recoverable.

One of these intangible losses is known as loss of consortium. It may help to think of this as loss of companionship or loss of affection. Essentially, these damages are claimed by an unharmed spouse who, because of the injury to the other spouse, loses affection and even sexual activity. It is important to recognize that loss of consortium damages are typically only recoverable if the injured or deceased spouse is also entitled to compensatory recovery. When a jury considers loss of consortium, companionship or affection, it may look to the type of relationship the injured or deceased individual had with the claimant, their living situation and the impact caused by the victim's injuries or death.

These types of damages, along with financial damages, require a victim to show that the person was hurt by the negligence of another. Therefore, careful attention must be paid to not only the accident itself, but other surrounding circumstances. By speaking with a Knoxville attorney, these individuals may be able to learn more about their situation and their legal rights.

A car accident that leaves an individual with a personal injury or dead can wreak havoc on the life of not only the victim, but also the person's family. Therefore, it becomes vitally important to know to what kind of damages an individual may be entitled, and to fight aggressively for them.

Source: FindLaw, "What Kinds of Damages May I Claim for Car Accident Injuries?," accessed on Jan. 16, 2015

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