What is “Loss Of Consortium” in a Kentucky Personal Injury Case?
Accidents can result in terrible consequences for victims and change their lives forever. Their close family members also suffer after a tragic accident and can suddenly be robbed of the intimate support and love the victim had always been able to provide.
In Kentucky, it’s not just those hurt in an accident who can seek justice. The victim’s close family members can also demand compensation for something known as a “Loss of Consortium.” It’s a protection for spouses, parents, and children of victims who must continue on without the same companionship and care they once enjoyed.
What is Loss of Consortium In Kentucky?
The loss of consortium typically involves the close family members of accident victims who have been severely injured or have lost their lives. The insurance claim would be filed against the person who caused the accident through negligence.
After a tragic accident, family members can expect compensation for the loss of affection, companionship, comfort, and society the victim had provided. In the case of a spouse, the loss can also include the absence of sexual relations.
The loss of consortium is usually filed as a standalone claim in a personal injury lawsuit targeting the at-fault individual or party in an accident. The responsible party’s insurance provider is called upon to provide support for this loss.
Filing a Loss of Consortium Claim as a Spouse
Spouses in Kentucky may file a loss of consortium claim after the loss of intimacy caused by the injury or death of their marriage partner. If the spouse was not killed in the accident, the victim would usually have to be severely injured for a loss of consortium claim to earn compensation.
The success of a loss of consortium case depends on a few factors. The spouse must be able to prove they were legally married. The accident must have been due to the negligence or wrongful act of someone else. The loss of consortium must have been caused by the accident.
Spouses should expect insurance companies and their lawyers to question the strength of the marriage before the accident. They may bring up infidelity, separation, or even criminal charges involving a couple. This scrutiny is an attempt by insurance representatives to reduce the support they’ll have to provide. A personal injury attorney will have clients ready for these questions and will prepare a strong case for any victim who has suffered a loss of consortium.
Children And Parents Filing a Loss of Consortium
Children under the age of 18 are allowed to file a loss of parental consortium after a parent’s life has been claimed in an accident. The children of accident victims are not permitted to file this claim if a parent was injured but survived an accident.
Children, with the help of a personal injury lawyer, would demonstrate how they’ve lost the nurturing and emotional support of a parent in the present and over the years to come.
Parents who have lost a child in an accident caused by someone’s negligence also have the right to bring a claim of loss of consortium against the at-fault party’s insurance provider.
Loss of Consortium Compensation Totals
A loss of consortium case falls under the category of non-economic damages and can therefore be hard to predict as far as compensation amounts. A judge and jury must often decide the extent of the loss a family member has suffered and determine monetary awards.
Of course, money can never replace the love and care someone provided, and that makes these types of cases more difficult to work out and predict. A personal injury lawyer will have experience with these sorts of cases and will have a good idea of what’s a fair award in such a tragic situation. The attorney will then work to attain this outcome through diligent case preparation.
Contact a Personal Injury Lawyer Representing Kentucky Families
If you’ve lost the love and intimacy you once shared with a close family member in a terrible accident, please reach out to a Kentucky Personal Injury Lawyer. At such a vulnerable time, family members should not trust their wellbeing to insurance companies looking out for their own interests. Make sure you have a legal expert on your side to put your family on even ground with insurance adjusters and lawyers.
The attorneys at Kaufman & Stigger, PLLC, have that knowledge and a combined 100 years of experience in helping clients recover the support they need to rebuild their lives. To discuss your case in a free consultation contact Kaufman & Stigger, PLLC, today.