Loss of Consortium Claims in Car Accident Cases
Beyond physical injuries, a car accident can have a lasting impact on an individual and their spouse. North Carolina allows loss of consortium claims after an injury. In this article, our car accident attorneys will answer the question, “What is a loss of consortium claim in a North Carolina car accident case?”
What is Loss of Consortium?
Loss of consortium is a term used to represent the damages that a spouse suffers after an accident. Loss of consortium implies that the accident injury has resulted in a loss of companionship, affection, or sexual relations between the injured party and his or her spouse.
In certain cases, loss of consortium claims may also be considered when a parent is no longer able to care for a child as they used to, or loses some of the joy of parenting as a result of an accident injury.
Loss of consortium damages are sometimes awarded to compensate victims in these instances.
In North Carolina, you can seek damages for loss of consortium after a car accident or other personal injury. An experienced car accident lawyer can help identify evidence that can be used in making your case before a jury. At Riddle & Brantley, our experienced and award-winning trial attorneys have handled many cases involving loss of consortium claims (see disclaimer below).
Can Anyone File a Loss of Consortium Claim After a Car Accident?
Yes, anyone can file a loss of consortium claim after a car accident, however, in general, loss of consortium damages are not awarded in cases where the victim is able to recover and return to everyday life. Loss of consortium damages are more likely to be awarded in cases of severe and life-altering injury, including traumatic brain injury, spinal cord injury, paralysis and semi-paralysis, and loss of limbs.
An experienced car accident lawyer can help you determine whether or not you may qualify for a loss of consortium claim.
For a FREE consultation concerning a potential loss of consortium claim with an experienced car accident lawyer, please call 1-800-525-7111.
There is no obligation and you won’t pay any attorney fees unless we win your case and recover compensation for you in a settlement or verdict.
Please call 1-800-525-7111 today and let’s review your claim.
Justice Counts for those who have suffered a loss of companionship, affection, or sexual relations after an accident, and we would love to help get you the compensation you deserve if we can.
Statute of Limitations for Loss of Consortium Claims
Loss of consortium claims are subject to the same statute of limitations as other personal injury claims. In North Carolina, this means that loss of consortium claims for a car accident must be filed within three years of the accident.
An experienced car accident lawyer can review your case for a potential loss of consortium claim and help make sure that you don’t miss the statute of limitations.
What is the Value of a Loss of Consortium Claim for a Car Accident?
Calculating loss of consortium damages can be difficult, and in North Carolina, there is no set formula for helping a jury determine a specific amount.
In general, the amount of compensation awarded for loss of consortium will depend on the unique facts and circumstances of the case. A person injured in a car accident will have to prove to a jury that their accident injury resulted in the loss of companionship, affection, or sexual relations in order to be considered for these damages.
Juries will typically consider evidence related to the injured party’s social activities, sexual activities, and moods prior to determining damages for loss of consortium.
Have You Suffered Loss of Consortium After a Car Accident?
If you’ve been injured in a car accident and your companionship, affection, or sexual relations with your spouse have been negatively impacted, you may be eligible for a loss of consortium claim under North Carolina law.
At Riddle & Brantley, our attorneys have over 220+ years of experience handling personal injury cases for car accident victims in North Carolina, and we have represented clients in many loss of consortium claims.
For a FREE, no-obligation consultation with an experienced car accident lawyer regarding a potential claim for damages for loss of consortium, please call 1-800-525-7111.
You can also use the convenient and easy form below if you prefer.
There is never any obligation and you won’t pay any attorney fees unless we win your case and you receive financial compensation.
The consultation is free and 100% confidential. Don’t wait — the longer you wait to contact us, the harder it may be to win your case and get you the compensation you need and deserve.
Please call 1-800-525-7111 today and let’s review your potential loss of consortium claim for your car accident case.
Justice Counts and we would love to help you and your loved ones if we can.
*** Disclaimer: The results mentioned are intended to illustrate the type of cases handled by the firm. These results do not guarantee a similar outcome, and they should not be construed to constitute a promise or guarantee of a particular result in any particular case. Every case is different, and the outcome of any case depends upon a variety of factors unique to that case.
*** Disclaimer: An attorney must meet certain requirements to join these organizations or receive these awards. For more information on Membership Criteria for Million Dollar Advocates Forum, Multi-Million Dollar Advocates Forum, Super Lawyers, Super Lawyers “Rising Star” designation, The National Trial Lawyers Top 100, The National Trial Lawyers Top 40 Under 40, The National Association of Distinguished Counsel, AV Preeminent designation by Martindale-Hubbell, the Litigator Award, and other memberships, awards, and accolades, please visit our Membership Criteria page. These awards and memberships should not be construed as a promise or guarantee of a similar result. Each case is different and must be evaluated separately.