Loss of Consortium
In the context of a motorcycle accident, loss of consortium is a compensable damage for the loss of a spouse or family member’s companionship and services as a result of injuries or death suffered in a motorcycle accident. Loss of consortium damages include the loss of love, companionship, comfort, care, assistance, protection, affection, society and moral support, as well as the loss of the enjoyment of sexual relations. Usually, loss of consortium is not awarded unless the injured person suffers a severe or fatal injury.
Calculating the value of a loss of consortium case is dependent on several factors. The decedent’s level of lost income can be an important fact if the loss reduces an expected standard of living. The award amounts for loss of consortium in some states can also be determined by the damage awards in the wrongful death case of the decedent. The settlement negotiation in one case can impact the other suit in this manner, and it is easy to see that calculations can be complicated as well as strongly defended.
The legal professionals at Motorcycle Advocates understand this legal contention. An effective motorcycle accident attorney can investigate a severe injury claim for additional claims by the family, as the loss of consortium is a separate legal claim from the injured motorcyclist’s claim. In the case of minor children, awards can be deferred or held in trust until they are adults. This protects the children’s assets until they are adults and limits a guardian’s involvement with the award.
If you or a loved one have sustained serious and debilitating injuries as a result of a motorcycle accident, it is important to retain a motorcycle accident lawyer who is experienced in loss of consortium claims. The motorcycle lawyers at Motorcycle Advocates will help maximize your recovery, and will explain to you the pros and cons of filing a loss of consortium claim, for example that the intimate aspects of your marriage will be at issue, so that you are fully informed when making the claim. Fill out a FREE consultation form to contact Motorcycle Advocates about your loss of consortium case.
