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When your wife gets injured, you get injured, too

When your spouse gets injured in a car accident, you will suffer emotionally, out of sympathy and compassion for what your spouse is dealing with. You’ll also be doing a lot of work to make sure your spouse’s needs are met. But what about your injuries?

Yes, when your spouse gets injured, you may suffer injuries and losses, too. For one, you might not be able to enjoy life to the same degree. What if you and your wife enjoyed going dancing every Wednesday evening? Maybe every Saturday morning you went for long romantic walks on the beach. You treasured your sexual relationship and the constant marital companionship and support your wife provided, as well.

When your wife is seriously hurt, all of these benefits and more will go away.

Loss of consortium damages: Pursuing claims relating to your injured spouse

If your injured wife has a viable claim for economic damages relating to her car accident injuries, you may have a viable claim, too – for loss of consortium damages. Loss of consortium is a category of damages that includes all of the above-mentioned losses in addition to others.

For one, you may have lost many of the marital benefits you formerly enjoyed. Secondly, you may have lost the benefit of different services your spouse used to perform for your family. Maybe your spouse was the primary caretaker of your children, drove your children to school, prepared meals, kept your house clean and performed other domestic services. If your spouse is injured and can no longer perform these services, it will be costly and expensive to try and replace her.

These damages are quantifiable and you can claim them as part of your spouse’s personal injury lawsuit.

What courts consider when evaluating loss of consortium claims

Courts tend to consider the following things when evaluating the strength of a loss of consortium claim relating to your spouse’s car accident:

  • How long have you and your spouse been married?
  • What are your current living arrangements with your spouse?
  • How much companionship and care does your spouse give you?
  • What are your and your spouse’s life expectancies?

Those with potential loss of consortium claims may benefit from using an expert witness. An expert witness can estimate the dollar amount lost as a result of the loss of consortium you have experienced.

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