Proving and Quantifying Loss of Consortium After a Drunk Driver Accident

As the husband or wife of someone who was the victim in a drunk driving accident, it is very possible that your world has also been turned upside down. You may be feeling emotionally pushed past your limits, and are wondering how you are going to get through this challenging time. One way that many spouses can get the financial compensation they need is through filing a loss of consortium claim against the drunk driver at-fault for the accident.

What does “loss of consortium” mean?
When someone files a loss of consortium claim against another person, it means that they are seeking monetary restitution for the adverse impacts the accident had on their marriage. The spouse of the victim in the drunk driving accident may be dealing with a loss of companionship, assistance, protection, moral support, and intimacy because of their spouse’s condition. 

 

How can I prove loss of consortium in my case?
If you are seriously considering filing a loss of consortium case, then it is important to meet with a qualified attorney first, to make sure that you have a strong case and to get legal guidance. Having a legal professional who can take care of the paperwork side of things while you take care of yourself, your spouse, and family, can take a huge weight off your shoulders. Your attorney can help you prove loss of consortium if you can gather evidence to show any of the following is true:

 

  • Your spouse’s mood has changed to being more moody or irritable
  • You have experienced increased stress, anxiety, or depression and your spouse hasn’t been able to provide emotional support
  • Your spouse used to help with domestic duties but since his/her accident you have had to take care of the house solely
  • You and your spouse haven’t been able to be physically intimate
  • Your spouse hasn’t been able to help with taking care of your children
  • You and your spouse used to have fun with hobbies or activities together, but not since the accident

 

How is loss of consortium quantified? How do I know how much to pursue?

By consulting with your attorney, he or she can let you know how much you could receive in a law of consortium claim. In order to estimate the monetary award, you will need to provide as much information about what happened and how your life has changed since the drunk driving accident. Your auto accident lawyer in Canoga Park, CA may use these variables to determine how much you should pursue against the drunk driver:

 

  • The degree to which your spouse’s life has changed
  • The quality of your marriage before the injury accident
  • Any plans you had regarding children or other big life events that now may not be possible because of the accident
  • The extent of ongoing care that will be needed for the injured spouse to recover or learn how to live with new disabilities/conditions

Thanks to Barry P. Goldberg for their insight into personal injury claims and car accidents involving a drunk driver.

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