Accidents transform lives. When someone is seriously hurt in an accident, they suffer a variety of losses, such as financial distress due to missing work or large medical bills to treat their injuries. The victim also suffers severe pain, frustration, and possibly depression or anxiety.
Families are also impacted by an accident. For example, a wife whose husband is paralyzed from the neck down will experience a radical change in her marriage. She might become the primary caretaker of her spouse and no longer enjoy joint hobbies or romantic evenings.
Helpfully, Vermont recognizes a loss of consortium claim. This is a personal injury claim a spouse or child can bring for the loss of the family relationship. CallLarson & Gallivan Law today if you want to discuss any accident with a Vermont personal injury attorney.
Claims Brought by a Spouse
Think of what would happen if an accident made your spouse comatose or paralyzed.In many ways, it would feel as if the marriage had ended. Your spouse is still alive, but your marriage has changed irrevocably from the day of the accident. This type of loss is directly attributable to the accident which severely injured your spouse.
A loss of consortium claim seeks financial compensation for the loss of:
- Companionship
- Affection
- Love
- Society
- Solace
- Comfort
- Sexual intimacy
Of course, money is a poor substitute for such negative changes to your relationship. But it’s important to seek some measure of accountability from the person who injured you.
A loss of consortium claim is based on the accident to your spouse, but it seeks to compensate you for your emotional injuries. We will work carefully to see if you can bring this type of claim. Generally, loss of consortium damages aren’t available for temporary, relatively minor injuries. However, if your spouse suffered a serious brain injury, paralysis, or other permanent impairment, then we might file a claim on your behalf.
Claims Brought by Children
Historically, children could not bring a loss of consortium claim for injuries to a parent. That law is changing. Vermont recognized in 1985 that a child could bring a personal injury claim for the loss of protection, care, and guidance they suffer when a parent is severely injured. The law continues to develop in Vermont.
It makes sense for children to have a legal right to compensation. The loss of a parent’s protection is devastating, no less so than the loss a spouse suffers. In fact, Vermont courts recognize that children are especially vulnerable.
As with spousal claims, the injury should be serious:
- Paralysis
- Coma
- Mental illness or serious psychological injury
- Permanent disability
- Significant burns
It’s hard to estimate how much the claim might be worth. If your case goes to trial, then a jury would need to assign a dollar value. Jurors use their own experience as spouses and children to assess how much compensation could make up for the loss of a familial relationship. Otherwise, we wouldnegotiate a fair amount of compensation from the defendant, which depends on many factors, including the amount of insurance or financial resources in their possession.
What We Need to Prove
Loss of consortium claims are complicated. First, we need to prove the defendant injured your spouse or parent. For example, your husband might be paralyzed after a collision with a semi-truck. But you can only hold the trucker liable for loss of consortium if the trucker is responsible for the collision.
If not, then they aren’t to blame for the negative changes in your marriage. It could be that your husband caused his own accident, or someone else is to blame which you haven’t sued yet.
Consequently, we need to understand how the accident happened. We rely on all the usual evidence of a regular personal injury case: witnesses, police reports, physical evidence, video, and so on. The sooner you call, the better the odds of finding helpful evidence.
Second, we need to show the negative impact on your relationship. This means testifying about all the ways your spouse or parent’s accident has changed your life.
Some people are hesitant to talk about such emotional subjects. We get it. However, if you want to hold the defendant accountable, then you’ll need to discuss sensitive subjects. We work closely to help you understand what to expect in a deposition, which might be the only time you testify if we can settle.
Why These are Challenging Cases
Loss of consortium claims can be tricky, especially if it’s not clear who is responsible for the accident. Defendants in Vermont often try to blame the accident victim, which would be your spouse or parent.
Defendants might also claim that your relationship was already impaired. For example, you might have been separated from your spouse.
At Larson & Gallivan, we have ample experience in personal injury law. We know when bringing a loss of consortium claim makes the most sense. For example, the defendant might be a business, like a trucking company, which should have substantial insurance to pay a claim. Other business defendants include ski resorts, retailers, and universities.
Call if You Have Questions
Our Vermont personal injury attorneys receive many calls from people frustrated by how an accident has turned their life upside down. They want someone to talk to and wish they could take control of the situation.
Let us help. A personal injury lawsuit is an effective way for seeking justice and some compensation. Many clients tell us money isn’t important, and we get that. But a loss of consortium claim is one way to seek accountability when an individual or a business has seriously injured a loved one and altered your relationship.
Contact us by phone or email. We offer no pressure, free consultations to anyone who wants to discuss an accident. We’ll answer whatever questions you have and provide a preliminary analysis of your legal rights. You can count on us to go the extra mile for all our clients, and we can describe more about the legal process in a meeting.
