What is a loss of consortium claim?Last updated on: June 29, 2021
CALL ZINDA LAW GROUP today AT (800) 863-5312 TO DISCUSS YOUR UNIQUE CLAIM with a personal injury attorney
The unanticipated loss or injury of a spouse is a devastating event and will likely cause severe emotional trauma. Although the emotional impact can far outweigh the financial burden, Zinda Law Group attorneys may help to at least mitigate losses by helping victims receive compensation for the loss or injury of their loved one.
As a victim, you may not even realize that recovery can be sought for non-economic damages such as the loss of companionship you once enjoyed with your spouse before they were injured—known as “loss of consortium.” When the reality sinks in, you may ask, “Do I have a loss of consortium claim?” Zinda Law Group personal injury attorneys are here to help answer any questions you may have regarding your potential loss of consortium claim, so contact us today at (800) 863-5312 and schedule your 100% free consultation.
what is a loss of consortium claim?
After the unexpected loss or injury of a loved one, you may be left feeling overwhelmed and depressed. You may have heard of the term “consortium” and are wondering, “What is a loss of consortium claim?” The term “loss of consortium” refers to the loss of the benefits of a family relationship due to the negligence or intentional actions of another individual or entity; the “benefits of a family relationship” may include:
- Affection or comfort
- Love and solace
- Moral support or protection
- Marital compatibility
- Sexual intimacy
If your loved one has been injured or died due to the negligence or intentional actions of another, you may be able to bring a loss of consortium claim against the negligent party. Typically, the spouse or children of the decedent will be able to bring this kind of claim. However, there are some exceptions to this rule; for example, in the absence of spouses and children, the parents or grandparents may be able to bring a claim.
If you are suffering from the loss or injury of a loved one and are considering bringing a loss of consortium claim, Zinda Law Group may be able to help. Our firm is experienced in handling a wide array of cases and have the knowledge and ability necessary to help with your unique claim. Contact our team to discuss your potential loss of consortium lawsuit; we may be able to investigate your case, negotiate with insurance companies, and fight for you in front of a judge if a favorable settlement cannot be made.
loss of consortium examples
Unfortunately, there are many different ways in which a loss of consortium claim may come about. An injury or death resulting in loss of consortium may occur due to medical malpractice, car accidents, boating accidents, and more. Specific examples of loss of consortium cases include:
Decker v. GE Healthcare
In this case, Mr. Decker developed nephrogenic systemic fibrosis (NSF) after receiving a contrast agent for a magnetic resonance imaging procedure. Mr. Decker’s wife, Karen Decker, then brought a loss of consortium case against GE Healthcare for failing to warn the couple about this serious complication. The jury eventually awarded Mrs. Decker $500,000 on her loss of consortium claim.
Huskey v. Ethicon
This second case involves a malfunctioning medical implant. Mrs. Huskey was suffering from stress urinary incontinence (SUI) when her physician attempted to treat her with a type of transvaginal mesh manufactured by Ethicon. Within a short time, Mrs. Huskey’s transvaginal mesh device eroded, causing Mrs. Huskey pelvic pain; the malfunctioning implant required multiple surgeries, all of which failed to remove certain pieces of the implant.
Mrs. Huskey then sued Ethicon for design defects, while Mr. Huskey sought damages for loss of consortium, claiming Mrs. Huskey’s pelvic pain had negatively impacted their relationship. The jury awarded Mr. Huskey $200,000 for his loss of consortium claim.
If your loved one has been injured due to the negligence or intentional actions of another person, entity, or company, contact an experienced personal injury lawyer today to discuss a potential loss of consortium lawsuit. No matter whether the injury was caused by a motor vehicle accident, defected medical equipment, or by the negligence of your doctor, Zinda Law Group attorneys have the resources and ability necessary to help get you the compensation your family deserves.
can i afford a personal injury lawyer?
If your significant other or another loved one has suffered injury or death due to the negligence or intentional actions of another person or company, you may be wondering whether you can afford a top quality injury attorney to help calculate and pursue the compensation you deserve for your loss of consortium claim. Below are the different kinds of fees and costs that you may be obligated to pay when you hire a personal injury attorney:
Some attorneys may charge you an initial consultation fee for your first meeting; you will be obligated to pay this fee whether or not the attorney agrees to take your case. In some instances, the attorney will charge you his or her regular hourly rate, while others may offer you a discounted rate for the first hour. At Zinda Law Group, your initial consultation is always 100% free of charge.
A retainer fee is a fee that you pay before the attorney will begin work on your case. For instance, after your attorney agrees to take your case, he or she will ask you to pay $3,000 before starting any work on your loss of consortium claim. After your attorney has done approximately $3,000 work on your case, you will be required to pay a second retainer fee of $3,000 before your attorney will continue with your legal matter.
Once you have an attorney on retainer, the attorney is essentially on standby to assist you with your specific legal issues for which you hired the lawyer. Having an attorney on retainer does not guarantee that he or she will win your case. For this reason, Zinda Law Group attorneys do not require a retainer before beginning work on your loss of consortium case.
Many personal injury attorneys will charge you an hourly rate while working on your case; this fee will vary depending on their experience and the type or difficulty of your case. This fee may also change based on the kind of work they are providing at that time. For example, an attorney may charge you $300 per hour for legal research, but may up their fee to $350 per hour for a court appearance.
It is important to note that you will be responsible for the payment of these hourly fees no matter whether your attorney is successful in winning you any kind of compensation in your case. Zinda Law Group attorneys do not work on an hourly rate basis. In fact, you are not obligated to pay us anything unless we win your unique claim.
Contingency Fees and the No Win, No Fee Guarantee
Some attorneys work on a contingency fee basis. This is otherwise known as working on a “No Win, No Fee” Guarantee, as you will not pay the attorney unless he or she is successful in winning your case. Put into other words, your obligation to pay your lawyer is contingent upon a favorable outcome in your claim.
Zinda Law Group personal injury lawyers always work on a contingency fee basis. We believe this gives our attorneys an extra incentive to work quickly, and successfully, on each case we take.
Before bringing a loss of consortium case, it is important to understand the different kinds of fees a lawyer may charge. At Zinda Law Group, we take pride in providing each one of our clients with high quality legal representation without the burden of immediate legal fees and costs. That is why we work on a contingency fee basis and provide our potential clients with a 100% free initial consultation.
if you believe you may have a loss of consortium claim, contact one of our experienced injury lawyers asap
Zinda Law Group attorneys understand that you may be going through a difficult time. That is why we are here to help you in any way we can and to answer any questions you may have about your potential loss of consortium lawsuit, starting with “What is consortium?” Our nationwide team has lawyers located near you, all with the ability to walk you through each step of the legal process to help get you the compensation and justice you and your family deserve.
If your spouse has died or has been injured due to another person’s negligence or intentional actions, you may be able to bring a loss of consortium claim for compensation for your damages. Zinda Law Group personal injury lawyers have the experience and knowledge necessary to negotiate with insurance companies and fight on your behalf in the courthouse. Contact our team today at (800) 863-5312 to schedule your free consultation.
The initial case evaluation is free and if we take your case, you will not pay us a thing unless we are successful in winning your case. That is our “No Win, No Fee Guarantee”
Meetings with attorneys are available by appointment only.