When It Makes Sense to Bring a Loss of Consortium or Enjoyment Claim
Many people believe that, when an accident occurs, you can only bring an injury claim for aspects like physical injuries. However, this is not true. We see a variety of pain and suffering claims come to light after somebody has suffered severely due to a catastrophic, life-changing accident. There are also other claims you or your spouse can bring after you have been injured and are suffering on an emotional level: Loss of consortium and loss of enjoyment claims.
Loss of Consortium Claims
If you are the spouse of somebody who has been injured, you may be able to bring a loss of consortium claim. Let’s take a look at an example: Your spouse has been injured in a car accident and received a traumatic brain injury that causes memory loss and anger when they can’t control their feelings. These losses of consortium claims are not just brought by spouses, though; they can also be brought by parents and children as well. These claims are brought due to loss of affection with a loved one. Sometimes a parent or spouse isn’t able to show affection or parent correctly after an accident or injury on such a catastrophic injury.
The court looks at a variety of factors in these cases. They may look at whether or not the marriage was a stable and loving relationship, the spouse’s living arrangements, how much care the spouse received, and the spouse’s life expectancies. If you can prove that your loved one’s accident has had a significant effect on their lives and that their companionship or sexual relationship with you has suffered, you will be able to receive damages on behalf of their accident.
Loss of Enjoyment of Life
Loss of enjoyment of life claims can also be brought in personal injury cases, which stem from an individual’s loss of ability to enjoy their life after a serious injury has wreaked havoc on their life. This means that you may not be able to enjoy certain activities in your life due to an injury. Let’s say that you have sustained a spinal injury as a result of an accident. You may not be able to enjoy recreational activities that you once enjoyed, such as sports you’ve played with your friends, or running around with your children. You, an injured individual, may be able to prove your claim to the court and receive damages for such.
To prove these injuries and the effect they have had on your life, you would have to give testimony in front of the judge or jury. You may show the court the various activities that you enjoyed before the injury, how it has affected your life, and how this has caused losses. These claims take place when an injury is so serious that it significantly affects everything that you do and enjoy. These cases can come with large award damages depending on severity.
Has an injury left a lasting impression on your life and you aren’t sure where to turn? At the Los Angeles Injury Group, we have the experience to get you the results you deserve in your case. Call us today for more information on how we can help at 310-954-7248.