Luck does not support us always, and anytime anyone can be killed or injured in an accident. After an accident, the family members also face problems especially the financial problems. However, the family members can ask for the compensation for this unfortunate incident. It is right that the law varies from one state to another state in the USA, but the main thing is same, and the family members can get the compensation.
The family members should remember that only the spouse, partner, parents and the children can request for the payment. It means only the nearest members can get it, and they should ask the insurance provider for the loss of consortium.
Loss of Consortium
Loss of consortium is nothing but a claim for damages suffered by the family members of the person who has been injured or killed. Everyone should remember one main point that only the child, wife, a partner can get the compensation. But the insurance company will not pay the amount quickly because the amount would be huge, so the members should prove their relationship with the injured or killed person.
The family members should know that the insurance company only pay the family member of died or and seriously injured person.
How Is The Loss Calculated?
The insurance companies always check everything before paying the compensation. A company pays for the damages, and the damages are including:
However, It is tough to decide the actual amount, and generally, the companies always want to pay less. So, the family members should consult with an experienced lawyer for the compensation. If the family members are from Los Angeles can discuss with Injury Lawyers LA for the best amount. Remember, a family member can’t calculate the exact amount of the loss, so should consult with a lawyer.
Who Can Demand A Loss Of Consortium Claim?
Spouses and Partners
Spouses can ask for the compensation for loss of consortium; however, the law varies from one state to another state. Some states are giving permission to same-sex couples to file a lawsuit.
Children and Parents
Most of the states permit the children or the parents to submit a loss of consortium claim. It is also not an easy process, and the family members should prove that they are facing problems due to the injury of the person. In this case, consultation with a lawyer is necessary.
Loss of Consortium Has the Limitation
Before claiming for the compensation, the members should check the insurance policy. There may have certain restrictions, but everything has been written there. Not only that, it can be limited by the state laws.
The children should prove that they have blood relation with the person, and the life partner should show the marriage certificate. Remember, the divorced partner has no right to get the compensation. Without showing the document, the insurance company will not pay the money.
However, it is a complicated case, so the family member should consult with a lawyer for the compensation.