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My spouse was hit by a car and needs complete, round-the-clock care. Can I receive damages for providing this care or for the fact that we no longer have the marriage we once enjoyed? What is my claim worth?
One of the types of damages that the spouse of an accident victim can receive is called loss of consortium – essentially, loss of the marital relationship that you once had. Many attorneys routinely consider "loss of consortium" damages as damages for decreased or limited sexual activity between the injured party and the spouse. While this is part of a loss of consortium claim, the term also refers to care, companionship, and affection between the injured party and spouse, whether or not there is a decrease or change in sexual activity. Furthermore, while loss of consortium is a valid element of damages which you should consider, you should be aware that a loss of consortium claim may make you and your spouse's sexual activity "fair game" if the matter is litigated. You should discuss the pro's and con's of this element of damages with your spouse and your attorney if you decide to pursue a lawsuit.
You can also receive compensation for the care that you must provide particularly since it appears that you will no longer be able to work outside the home at your chosen career if you are providing most or all of the care to your spouse.
What these claims are worth is always difficult to calculate. If your husband’s injuries and care requirements are permanent, an amount can be chosen to compensate you for the loss of consortium and for the loss of your career that, when divided by your spouse’s life expectancy, provides sufficient compensation. Any amounts that you pay for professional nursing care can, of course, be reimbursed through a damages award as well. In that case, the court will take into account how much that care costs, how much the cost will probably rise, and the best estimate of your spouse’s life expectancy. |
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