Loss of Consortium is the deprivation of family benefits
from an injury caused by another. The
word consortium comes from the word consort and refers to association or
fellowship. While loss of consortium
claims can vary depending on the injuries and the loss, they can include
medical bills suffered by a spouse or family member, loss of intimacy, or loss
of household services provided by that person.
Frequently loss of consortium claims are for more serious injuries such as traumatic brain injuries, permanent or incapacitating injuries, or other serious life changing injuries; but they do not have to be. Injuries and the losses associated with an injury can cause a strain on any relationship or family. It takes a skilled and experienced attorney to maximize your recovery based on all aspects of the injured person’s claim in cases where the injury has an impact on those around the person that is injured.
One particular instance where a loss of consortium claim can
help to recover more is when there is a policy limits issue. Insurance carriers indemnify their insured(s)
for claims within the policy limits and are generally not required to pay
beyond the limits of the insurance policy.
Insurance limits are frequently split limits. For example the minimum liability limits
presently required under Arizona law is 15/30/10. This means the maximum paid out under the
policy is $15,000.00 per claimant or $30,000.00 for multiple claimants. The spouse of a claimant is a separate person
and can allow for recovery beyond the $15,000.00 per person limits in this
example. (You should always consult with
an attorney as in this example, there may be Underinsured motorist insurance or
other insurance coverages that may allow for a greater recovery.) This is only one example and there are many
other times and instances where a loss of consortium claim may allow for a
greater recovery.
In many instances, the loss is not great enough or for one
reason or another, it doesn’t make sense to make a loss of consortium
claim. The injured person’s spouse,
family members, or friends may still be valuable to the claim as
witnesses. I have been able to fight for
a larger recovery or use the words of a loved one to make a greater recovery in
many instances. Sometimes the family
member may be regarded differently than the injured person because they see a
different side of the injury and the resulting pain, discomfort, and other
loss.
Insurance coverage and injury claims can be complex. An experienced lawyer can help you to
navigate through the claims process and the law and maximize your in-pocket
recovery. Loss of consortium and the
related insurance coverage is only one complex part of an injury claim. If you or a loved one has been injured in an
automobile or other accident, don’t go at it alone. Consult with an experienced accident injury
lawyer.
I have been helping people injured in car accidents for
almost 20 years. I am here to help. If you have been injured in a car accident,
please call me – before you talk to the insurance companies. A consultation is free and can make a big
difference!
