The Social Security system is in place to help us through difficult times. Unfortunately, there are some instances in which the system makes our lives even more difficult than they need to be. The day I received the denial letter for my claim, I wasn't sure what I was going to do. After talking with a few friends, I contacted a lawyer. That was the best decision I had ever made. Even with the professional assistance, getting the denial overturned and getting the money that I was owed took several months. I have kept a clear journal of my experience and loaded it with information that can help others get through what can be an impossible time.
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Social security denial - a journal of assistance
Loss Of Consortium And Personal Injury Lawsuits: What You Need To Know
Alexis Garcia
A personal injury attorney will help you understand how much compensation you should claim for as part of your lawsuit. Obvious expenses to claim include medical bills, legal costs and loss of earnings, but some injuries can have other implications. For example, some personal injury lawsuits can include claims for loss of consortium. Learn what this legal term means, and find out how this could relate to your personal injury lawsuit.
What loss of consortium means
Loss of consortium is a legal term that has existed in the United States since the 1800s. In the 1850s, American courts began to accept that injuries incurred by married men could also impact their wives. It took some time for this loss to become part of state law, but all American states now recognize this clause.
Loss of consortium occurs when your spouse's injuries have a detrimental effect on you. For example, if a man loses one of his limbs in a motorcycle accident, the psychological effects could cause extreme stress and anxiety for his wife, even though she wasn't directly involved in the accident.
Courts often take different approaches to loss of consortium. Some state jurisdictions consider both functional and sentimental losses, while some judges will only consider material, functional losses. An experienced personal injury attorney can help you find out about the law in your state.
Eligibility to claim
While loss of consortium once only applied to wives, state laws will generally consider this clause for a wife or a husband. In fact, children and parents can now also sometimes file for loss of consortium damages in personal injury lawsuits. Some judges will also consider loss of consortium in longstanding non-married partnerships, including same-sex relationships, but it's often harder to succeed with these claims.
Evaluating the benefits of a claim
Genuine loss of consortium can lead to significant financial losses. If a marriage breaks down completely due to one spouse's injuries, the long-term implications are serious for both partners. As such, following any serious injury, you should talk to your attorney about the possibility of loss of consortium.
Payments for loss of consortium cannot exceed any policy limits. If the value of the claim for the main injury reaches this limit, it's not normally worth filing for loss of consortium, as you are unlikely to get extra compensation. Of course, if the cost of the injury sits well below the limit, loss of consortium could significantly increase the value of your claim.
Nonetheless, you should know that it's often difficult to prove these claims in court. In fact, some attorneys will use these claims against the plaintiff. For example, if there is evidence of any marital problems before the accident, the defendant's attorney may use this to discredit you and undermine your claim. Timing is also crucial. You cannot normally add a claim for loss of consortium at a later date, so it's important to include this in your original lawsuit.
Developing your case
Like any other part of the lawsuit, the strength of a loss of consortium claim will depend on the evidence you present in court, so you should seek the aid of an experienced personal injury attorney.
Some examples to consider include:
- The effect on your sexual relationship. For example, testimony from a marriage counsellor could show the impact of your injury on this part of your marriage.
- Loss of comfort and safety. Personal injuries often create physical and psychological barriers between couples. Consider how activities you once enjoyed together are no longer possible, as well as any indirect effects of the injury. For example, an injury could make it harder for you to exercise, removing an activity you once enjoyed together.
- Economic losses. A serious injury could limit a spouse's ability to work if he or she has to care for his or her partner. In this case, loss of consortium could include loss of earnings.
Your attorney can help you assess any 'true' loss of consortium. The stronger the evidence you have, the more likely it is that you will win your case. As such, you should closely follow the advice your attorney gives you, or the defendant's attorney could cut through your evidence.
A personal injury can bring about loss of consortium for your spouse. If you think your injury has led to this problem, talk to an attorney or visit a site like http://www.danielgoodmanlaw.com for advice about what to do.
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