Personal injury cases can be stressful and often cause a disruption in one’s life. This disruption not only affects the injured person but also their loved ones. Many people don’t realize that they can seek compensation for the damages they suffer as a result of their partner’s injury. Loss of consortium is one such damage. This article will discuss what loss of consortium is, how it is determined in Maine, and how one can claim damages for a loss of consortium in a personal injury case.
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Understanding Loss of Consortium
Loss of consortium refers to the damage suffered by a spouse or family member as a result of their loved one’s injury. This damage can come in different forms, including emotional distress, loss of companionship, loss of affection, and loss of sexual intimacy. If a spouse or family member can prove that they have suffered any of these damages, they may be eligible to receive compensation for their loss of consortium.
Determining Loss of Consortium In Maine
The standard for determining loss of consortium in Maine is whether the injury or disability suffered by the plaintiff’s spouse or family member has significantly impaired their ability to perform their familial duties. This standard is also referred to as the "familial consortium standard."
To determine whether the familial consortium standard has been met, the court will consider the following:
- The marital relationship between the plaintiff and the injured party
- The nature and extent of the injury suffered by the injured party
- The duration of the injured party’s impairment
- The plaintiff’s loss of consortium as a result of the injured party’s impairment
It’s important to note that the plaintiff must demonstrate that their loss of consortium is a direct result of the injury suffered by the injured party. Additionally, the plaintiff must prove that their loss of consortium is significant and that it has caused them measurable harm.
Claiming Loss of Consortium Damages In A Personal Injury Case
If you believe that you have suffered a loss of consortium as a result of your loved one’s injury, you may be eligible to claim damages in a personal injury case. To claim these damages, you must first file a personal injury lawsuit against the responsible party. In your claim, you should clearly state that you are seeking damages for your loss of consortium.
The damages that you can claim for your loss of consortium will vary depending on the specific circumstances of your case. Typically, these damages include compensation for emotional distress, loss of companionship, loss of affection, and loss of sexual intimacy. It’s important to note that these damages are meant to compensate you for the harms that you have suffered as a result of your loved one’s injury.
Conclusion
A personal injury case doesn’t just affect the injured party. It can also cause significant harm to their loved ones. Loss of consortium is one such harm that can result from a personal injury case in Maine. If you believe that you have suffered a loss of consortium as a result of your loved one’s injury, it’s important to speak with an experienced personal injury attorney. They can help you understand your legal rights and assist you in seeking the compensation that you deserve.