Can the Family Members Get Compensation?


Many persons always ask a common question, and that is “My nearest person is no more, should I get compensation.” It is not easy to say, and it varies from a state to another state. However, the law is almost same in every state, and yes the nearest persons can get compensation, but the closest persons should be child, spouse or parents of the victims. There is a word which is called “loss of consortium” means the family members can get compensation in case of injury and death of another family member. Yes, only the nearest person can get compensation.Image result for Can the Family Members Get Compensation?

What Is The Loss Of Consortium?

If a person is seriously injured or killed, then the person can’t get compensation, and it is natural. At that time his family members such as children, parents or spouse can ask for compensation and have right to get it.

Ways of Loss Calculation

Loss of Consortium is a type of harm which is under the category of general damages, and these are non-economic damages. Some examples of general damages are including:

  1.  Physical pain and suffering
    2.  Mentally suffering
    3.  Reputation loss
    4.  Emotional distress

Doubtlessly it is a severe type of damage and not easy to decide the actual amount of loss. In this case, only an expert Personal Injury lawyer can help the family members for getting compensation. He or she knows everything about the law and also knows that it varies from a state to another state.

Who Can Claim For Loss Of Consortium?

Many people do not know the answer, but the answer is very simple. After reading this article on this topic, people will get the answer easily.

Spouses and Partners

Spouse has right to claim for loss of consortium, some states have given right the same-sex couples to file a lawsuit for loss of consortium. The same-sex couples should know the rules of his or her states because it varies, and the court will ask to show the marriage certificate and the latest relationship status.

Children and Parents

I discussed that it differs from one state to another state. Some states give the right to file a loss of consortium claim. In this case, they or their lawyer argue that they are not getting the same care as previous from the injured person because of the injury.

Loss of Consortium Has Limitations

It can be limited by the states law or by an insurance policy. Before claiming it, the person should know the limitations of it. The person can consult with a Personal Injury lawyer.

Legal Limitations

However it varies and has limitations, but the person should show the documents of marriage and present relationship status. If the couple is divorced, then surely will not get compensation or get little.

Limitations of Insurance Policy

Everything is written there, so a person should read the policy carefully. The person should know the limitation of the policy. Remember that the most liability policies include “single injury” limitations.

Hope this article will be a useful article to everyone.

Laura Cramsie