Loss of Consortium – An Injury from an Accident Impacts Everyone
May 20th, 2020
If you ever suffered an injury from a car accident then you know how badly those injuries impact your life and how it also impacts the lives of others in your family. Family members of injured persons have rights which can be affected when a family member is in an accident and the law in Massachusetts and many other states recognizes those rights. Our Boston accident lawyers have been helping family members of injured persons obtain relief with loss of consortium compensation.
Loss of Consortium is a claim that a spouse, child or parent can make if their family member has been injured by someone’s negligence, like in an automobile accident. When someone is injured often times their family members suffer just as much from the loss of financial support, assistance in maintaining a household, child rearing responsibilities and companionship (loss of intimate relations). Loss of Consortium claims can be brought by the family members to be compensated for this type of suffering and loss.
Loss of Consortium claims are separate from any personal injury claim that the injured person may have against the person responsible for their injury. This is important because most insurance policies have limits on the amount of money an individual can receive as a result of an accident but often times there are additional funds that family members can access through a loss of consortium claim. Loss of Consortium claims can provide critical supplemental funds that the family usually needs to recover from an accident.
Recently our personal injury attorneys represented a client who was severely injured when a car struck them when they were crossing the street. The insurance policy for the driver was not substantial and even though our office convinced the Insurance Company to pay a settlement in the full amount of the policy limits, this was not enough to fully compensate our client, and the responsible person had no funds or assets that could be obtained through a law suit. The Insurance Company sent a release that required our client’s spouse to sign in order for our client to receive the funds, fortunately the personal injury attorneys at FitzGerald Law Company recognized this and specifically removed the spouse’s name from the document and convinced the insurance company to accept it. This allowed our client’s spouse to file a Loss of Consortium claim and receive additional funds from the Insurance Company.
While a financial settlement may not replace what is lost in a car accident, it certainly can assist in the injured person’s recovery and the family disruption it creates. It is therefore critical that all claims to which you and your family are entitled are made, to ensure that the injured person and their family receive the best compensation possible; because everyone in a family suffers and there are many unexpected consequences when a loved one is hurt.
If you or a loved one is hurt in an accident call (617) 303-2600 to schedule an appointment with one of our experienced Boston personal injury and loss of consortium lawyers. Obtaining the proper legal help will help you obtain the maximum compensation possible for and your family.
Desmond P. FitzGerald &
The FitzGerald Law Company Team