LOSS OF CONSORTIUM CLAIMS
If your spouse, wife, or husband is involved in a serious auto accident in the State of Tennessee and is unable to contribute to their marriage like he/she did prior to said accident, you have the right to recoup damages under a loss of consortium claim. A claim for loss of consortium is different from the ordinary damages that stem from an auto accident:
- such as pain and suffering,
- loss of income,
- medical expenses,
- Future Wages
- Future pain and Suffering
- and property damage.
A loss of consortium claim is there to compensate one's spouse who has died or was injured in an accident. This monetary compensation is for the loss of income, companionship, household duties, and love that the injured or deceased spouse would have provided had he/she not been in an accident.
So if a divorce is pending and the defense found out it would significantly impact the claims value. Also we recommend not bringing these types of claims unless the injuries are Catastrophic in nature or severe at a minimum.
What You Must Prove in a Loss of Consortium Claim
To recover for a loss of consortium claim, a spouse must have certain standing and be able to prove certain facts, such as:
- The length of the marriage
- The state of the marriage at the time of the accident
- The income earning ability and capacity of the injured spouse
- The household duties the injured spouse was responsible for, and how these duties were affected after the accident
- The age of the injured party and spouse
- What the Spouse is going to be missing out on as a direct cause of the claim
Who Can File a Loss of Consortium Claim?
The individual claiming loss of consortium can only be husband or wife in a current marriage. A girlfriend or boyfriend of an injured party or roommates do not have a claim for loss of consortium. Spouses in same-sex marriages do have a right to claim loss of consortium in any state because of Equal Protection under the U.S. Constitution.
FILE A LOSS OF CONSORTIUM CLAIM IN TENNESSEE
Loss of Consortium claims in Tennessee can be tricky to navigate, prove and maximize. The assistance of an experienced Tennessee experienced car wreck attorney can help you to fight the insurance companies.
To schedule a free consultation, please call 865-888-8888.