Valentines’ Day is just around the corner. For sure, a lot of lovebirds will be celebrating this day filled with love, chocolates, and flowers. On this very special day, every married couple will have the chance to rekindle and cherish their moments, coming to appreciate each other ever since they exchange their marital vows.
But then, not all married couples find Valentines’ Day as appealing as it supposed to be for them, especially if either spouse was involved in a tragic accident that caused his or her disability. Depending on the impact of the accident and the expected recovery of the victim, their married life would surely be altered, affecting them emotionally and financially.
In a personal injury claim stemming from an unfortunate incident such as a car accident or a slip and fall inside an establishment that resulted in a married victim to suffer from a disabling medical condition, the claimant, who is the victim’s spouse, can claim compensation against the liable party. Aside from special damages such as medical bills, rehabilitation costs, and lost income, and general damages such as pain and suffering, the spouse can also be entitled to receive compensation for loss of consortium.
In legal terms, loss of consortium refers to the injured spouse’s inability to have a normal married life. It is also known as “loss of sexual relations,” since the married victim cannot anymore be part of sexual relations with the husband or wife because of a temporary or permanent disability. However, before marriages were deemed as an equal partnership between husband and wife, only the spouse of an injured married woman can only be allowed to seek compensation for loss of consortium. It was believed that the man had already lost his wife’s housekeeping abilities.
Now that married women can likewise file for loss of consortium damages, the legal term itself evolved a new meaning. It is not anymore limited to just loss of a victim’s ability to have a healthy sexual relationship with his or her spouse. Loss of consortium could mean loss of care and affection, which involves the loss of the injured spouse’s ability to perform certain actions that are part of marriage, such as taking care of the children and housekeeping. It even extends to the companionship between husband and wife, even without an existing loss of sexual relations.
Meanwhile, proving this kind of general damages in a personal injury claim is known to be a hard thing to do. Fortunately, married individuals whose husbands or wives have been injured in otherwise preventable accidents can rely on the expertise of a personal injury lawyer in Los Angeles in order for them to have their claims strengthened and be compensated for their loss of consortium.