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Loss of consortium refers to an action that is available to family members that were injured or, worse, killed, as the result of someone else’s negligent conduct. Most states allow spouses and children of the person in question to recover damages against the defendant in a personal injury case. To sue for loss of consortium, you need the help of a Colorado Springs personal injury lawyer. In Colorado, the loss of consortium is included in the personal injury claim and insurance companies refuse to pay anything extra. What is certain is that you need an experienced attorney to prepare the case and present a loss of consortium case to the insurance company. If you are going to make a loss of consortium claim, this is what you need to know.

Who has the right to sue  

Usually, loss of consortium is limited to the loss of service, financial support and loss of love of a spouse. As a matter of fact, until now only spouses were able to bring claims for loss of consortium. Nonetheless, many states, including Colorado, permit children and parents to initiate such a claim. The only issue is that the injuries must be serious enough to interfere between the normal relationships, otherwise they will not be taking into consideration. Concerning children and parents, they have to argue that the injured parent or child was significantly altered by the accident. What you need to keep in mind is that juries do not like spouses or family members that try to collect damages based on minor accidents.

Preparing a loss of consortium case

No matter your situation, you have to be prepared to discuss sensitive and private matters with your attorney. You need to be ready for the intrusiveness that will occur. The court will take into account many aspects, such as how stable the marriage is or to what extent the benefits were actually lost. Since loss of consortium damages are non-economic, namely that they do not have an exact monetary cost, it is incredibly difficult to argues and win a case. However, a lawyer will go at great length to make sure that you get the compensation you deserve.

Possible limitations

As stated previously, there are disadvantages of loss of consortium cases. You can expect to encounter difficulties when dealing with the insurance company. The insurance company will not agree lightly to pay extra for the accident, so unless you have a good attorney, you will not be able to collect more compensation than the policy allows. Equally important is to consider the legal limitations. To recover compensation, you will have to prove that you are legally married. If you are divorced, then the awarded sum will be negatively affected.  

Prior to suing for loss of consortium, it is necessary to think things over and see if all of this is worth it. If the situation is indeed serious and requires a lawyer, then you need to find legal representation. A personal injury attorney can answer all your questions and tell you if you have a good case.

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