What is loss of consortium? Loss of consortium is a legal claim in which someone asks for money due to the loss of companionship or other benefits from a marriage or domestic partnership based on an injury or death.
A Las Vegas wrongful death lawyer and other personal injury attorneys can discuss loss of consortium as it relates to your specific case.
What Loss of Consortium Is in a Nevada Personal Injury Case
In a Nevada personal injury case, loss of consortium refers to non-economic damages you could receive from any party that caused a spouse or domestic partner to get hurt or killed. These damages can include losses of:
- Companionship
- Love and affection
- Intimacy
- Guidance and counsel
- Help or support
The legal team at H&P Law has more than six decades of combined experience. We can explain what loss of consortium damages are and how to recover them in a personal injury case. Schedule a free case consultation with us to get started.
When to Ask for Loss of Consortium Damages
The Nevada Revised Statutes (NRS) define how much time you have to file a personal injury lawsuit. Per NRS 11.190, the statute of limitations for submitting a lawsuit is two years. If you sue for damages after a spouse or domestic partner is hurt or killed because of someone else’s negligence, you can include loss of consortium in your request.
Meet with a personal injury lawyer if someone else is liable for hurting or killing your spouse or domestic partner. It can be overwhelming to request loss of consortium damages or other forms of compensation from the liable party. Your lawyer shares FAQs and other legal resources. They can help you decide if now is the right time to proceed with a lawsuit.
Filing a lawsuit does not mean you will automatically get compensation from any at-fault parties. Your lawyer looks at how much your case is worth and builds an argument designed to prove that you should be awarded loss of consortium damages and others.
How Much Loss of Consortium Damages Are Worth
Loss of consortium can be difficult to quantify. To determine what to request for loss of consortium, your attorney accounts for the severity of the harm you have suffered, its impact on your daily life, and many other factors.
For instance, a spouse dies in a fatal auto accident caused by a motorist who was speeding. A Las Vegas car accident lawyer evaluates this case carefully. The plaintiff may ask for loss of consortium damages totaling tens or hundreds of thousands of dollars based on the emotional distress that they face due to their spouse’s death.
Your attorney examines what loss of consortium may be worth in relation to the rest of your case. In addition to loss of consortium, they may encourage you to ask for damages for pain and suffering, lost wages, and other quantifiable and subjective losses.
Who Can Request Loss of Consortium Damages
Generally, you are eligible to request loss of consortium damages if your spouse or domestic partner is injured or dies as a result of someone else’s negligence. Your lawyer can assess your case, provide you with insights into how loss of consortium works, and explain if you are eligible to seek these or other damages.
Loss of consortium could be available to you in a personal injury or wrongful death lawsuit. You may not receive loss of consortium damages if the insurance company of the party responsible for your spouse’s injury or death offers a settlement.
You could recover compensation for loss of consortium without having to take your case to trial. If you file a lawsuit and the defendant has concerns about the strength of your case, they may be inclined to propose a reasonable settlement. By approving this offer, you can resolve your case in less time than what would be required if you present it to a judge or jury.
How to Get Loss of Consortium Damages
A personal injury attorney can use witness testimony, photographic or video evidence, and other proof to support your request for loss of consortium damages. Your body of evidence could compel the court to rule in your favor or boost your chances of receiving a fair settlement offer.
Your lawyer accounts for the four elements of negligence in a personal injury case. They want to prove that a liable party had a duty of care to avoid careless and reckless acts, violated this mandate, and caused your spouse or domestic partner’s injuries or death. Also, they can verify that you are dealing with a loss of consortium based on this party’s actions.
Asking for loss of consortium damages and receiving them are two different things. Your lawyer understands the burden of proof. They work diligently to gather evidence from a wide range of sources so they can help you achieve the optimal case results.
Why You Should Ask for Loss of Consortium Damages
Requesting loss of consortium damages allows you to hold a party accountable for the harm they have caused. You cannot change the fact that this party’s actions may have led to your spouse or domestic partner’s injuries or death.
Alternatively, pursuing maximum damages shows this party how their actions have affected you and will continue to do so moving forward.
Requesting loss of consortium can bring a sense of closure to the harm you have endured. Your lawyer can argue as to why a judge or jury should provide you with damages based on your loss of consortium. The court may offer these damages as a means to punish the party liable for this and other losses you face.
Along with these things, loss of consortium damages can help you stay afloat financially. If your argument is successful, the court may be inclined to award you these and other damages that serve you well long into the future.
Learn More About Loss of Consortium
The H&P Law team can discuss what a loss of consortium is and other legal topics with you. If you are ready to seek loss of consortium damages or others as part of a personal injury case, we are here to help. Contact us today for more information.
