Loss of Consortium Claims
If your spouse is involved in a serious auto accident in the State of Tennessee and is unable to contribute to their marriage like he/she did prior to said accident, you have the right to recoup damages under a loss of consortium claim. A claim for loss of consortium is different from the ordinary damages that stem from an auto accident, such as pain and suffering, loss of income, medical expenses, and property damage. For a full description of damages allowable in a Tennessee auto accident, please see our earlier post.
A loss of consortium claim is there to compensate one’s spouse who has died or was injured in an accident. This monetary compensation is for the loss of income, companionship, household duties, and love that the injured or deceased spouse would have provided had he/she not been in an accident.
What You Must Prove in a Loss of Consortium Claim
To recover for a loss of consortium claim, a spouse must have certain standing and be able to prove certain facts, such as:
- The length of the marriage
- The state of the marriage at the time of the accident
- The income earning ability and capacity of the injured spouse
- The household duties the injured spouse was responsible for, and how these duties were affected after the accident
- The age of the injured party and spouse
Who Can File a Loss of Consortium Claim?
The individual claiming loss of consortium can only be husband or wife in a current marriage. A girlfriend or boyfriend of an injured party or roommates do not have a claim for loss of consortium. Spouses in same-sex marriages do have a right to claim loss of consortium.
File a Loss of Consortium Claim in Tennessee
Loss of Consortium claims in Tennessee can be tricky to navigate, prove and maximize. The assistance of an experienced Tennessee personal injury attorney at The Chiozza Law Firm can help you to navigate the legal process. Once you have met with one of our attorneys, we will investigate your claim from all angles and advise you of your legal rights and options. Our attorneys are there for you each step of the way, providing each client with their personal cell phone numbers and email addresses so that an answer to your question is always a call or click away.
To schedule a free consultation, please call 901-526-9494, email Brian Chiozza, or fill out an online form. We have a long history of assisting Tennesseans and Mid-South residents in their time of need. Please visit our verdicts and settlements page for examples of our past settlements and judgements.
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