As a personal injury lawyer, I know that when a person is seriously injured or killed because of the wrongful acts of others, nothing can stop the pain. There is no court in the world that can take away your suffering. No amount of justice will stop the rage you feel and in a moments time, your entire world is altered.
In our legal system, the only avenue to compensate you and punish the offender is with money. And while that is insufficient, it does afford you the opportunity to make a firm statement to the offenders and to be able to regroup and decide where you want to go from here.
In most cases, the loved one will have to have been seriously and permanently injured or died. I will explain who can file a claim and under what circumstances.
You are claiming that you suffered “general damages”. That is to say, your damages are non-economical. Examples of general damages include:
- Humiliation and embarrassment
- Pain and suffering
- Mental anguish
- Loss of your reputation
- Emotional distress
- Loss of companionship
Spouse or Partner
Usually only a spouse can file a claim for loss of consortium, however, some states are now allowing same-sex partners to file this type of claim.
You are saying that you lost your life partner. You lost their companionship, company, intimacy, and guidance.
When you make this claim, your intimate and personal relationship will be examined. While this may seem invasive, it is the only way you can seek justice.
When you lose a parent, you are losing the parental figure and mentor in our lives. They were your emotional support and in some cases, your financial support.
Proving The Case
No one but you can express how much someone was a part of your world. To prove this, you are given the opportunity to speak to the court about your relationship. You will be allowed time to share what this person meant to you and the challenges you are facing with their loss.
Your Case Will Be Examined
The sad truth is, there are times when people hold the relationship title, but that is all. Perhaps a couple is legally married, but they are living apart and have been for a while. Perhaps they each were seeing other people and they had no intentions of every rekindling that relationship. This spouse may get up in court and tell the judge how much they loved and depended on the deceased. They may talk about the history they shared together. But upon examination, the claim does not hold water. They did not lose their life partner and the loss of the companionship is not damaging their lives. A experienced lawyer is very good at sifting out the people who just want to benefit from an unfortunate situation.
Loss of consortium is in place to give you the only kind of justice the courts can give. They are punishing the offender the only way the law allows. Do not let the two-year statute of limitations slip by. There will come a day when you will be glad you stood up for your loved one who could not stand for themselves.
Contact a defective product claims attorney for more information.