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What Is Loss of Consortium in a Wisconsin Personal Injury Case?

Posted on in Appleton Personal Injury Attorney

Green Bay personal injury lawyer for loss of consortiumIf you are injured in a car accident, you may be facing high medical expenses, the need for costly repairs or a replacement for your vehicle, and lost income from time you have missed at work while receiving treatment. You may be aware that a personal injury lawsuit against an at-fault driver can help you obtain compensation for all of these expenses, but many people do not realize that it is also possible to recover damages for other harmful effects on your life. One such form of damages is known as “loss of consortium.”

Common Situations Involving Loss of Consortium

Loss of consortium is a situation in which the effects of injuries have a negative impact on personal relationships. It is often also referred to as loss of companionship, love, or intimacy. There are two primary situations in which injuries may lead to a claim of loss of consortium:

  • When someone is injured, the injuries can have a significant impact on a spouse. The injuries may make it difficult or impossible to maintain personal or intimate relationships. Scarring, disfigurement, or cognitive dysfunction from traumatic brain injuries can easily impact relationships. The injuries may require that the spouse provide care for the victim. A victim may not be able to handle household or outside chores or duties, so the spouse may need to handle those duties. Often, injuries to a victim impact social and recreational activists that the couple enjoyed. Minor children also have a right to make a claim for loss of consortium as a result of injuries to parents, because of the impact that the parent’s injury had on their lives.,
  • When a loved one is killed in an accident. Surviving partners or family members often have a claim for loss of consortium when an accident removes a loved one from their lives. Spouses or family members can pursue loss of consortium damages along with other pain and suffering damages and economic damages in a wrongful death lawsuit.

Making the Case for Loss of Consortium Damages

Generally, in a personal injury or wrongful death case, your first step in fighting for compensation should be to demonstrate that another party’s negligence was responsible for the accident and injuries. Your best chance of doing so is to promptly hire an experienced lawyer after the accident who can help you collect and preserve important evidence, which may include camera footage of the accident and its aftermath, 911 call recordings or transcripts, police reports, and witness testimony.

However, victims seeking loss of consortium damages must take additional steps to show the court just how much the injuries have affected their relationships. This often requires personal testimony from friends, family, and the victim him or herself, and sometimes from health professionals. In order to receive the most possible compensation, you may need to establish clearly that a relationship was damaged specifically due to the injuries suffered, rather than some other cause.

Contact a Green Bay Personal Injury Attorney

Pursuing loss of consortium damages can often be challenging, but at Herrling Clark Law Firm, Ltd., we understand that it may be the only way to achieve some degree of relief for the personal anguish your injuries have caused. With our experience, we can help you build the best possible argument for loss of consortium and other damages. Contact a compassionate Appleton personal injury lawyer at 920-739-7366 to schedule a free consultation.

Source:

https://docs.legis.wisconsin.gov/statutes/statutes/895/i/043/3

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