When a family member is injured in an automobile accident, it takes an emotional and financial toll on the entire family. Victims of an auto accident are entitled to compensation for injuries caused by the negligence of another driver. Under certain circumstances, a victim’s family members may also be entitled to compensation from the at-fault driver.
If a car accident victim’s injuries prevent him or her from being intimate with a spouse, the spouse may have a claim for loss of consortium. In addition, if an auto accident victim dies as a result of his or her injuries, the surviving family members may be able to file a wrongful death claim.
Spousal Loss of Consortium Claim After An Automobile Accident
The spouse of an injured auto collision victim may be entitled to compensation for his or her loss of normal marital relations. These types of cases are commonly referred to as loss of consortium cases.
When someone sustains life-changing injuries in car accident, it can have a devastating impact on his or her relationship with a spouse. The spouse can be left without the same love and companionship he or she once enjoyed. A traumatic brain injury (TBI) or spinal cord injury (SCI) can take the greatest toll on a marital relationship because:
- A spouse may no longer be able to enjoy a physically intimate relationship with a victim who suffers paralysis in a motor vehicle accident; and
- Spouses will lose the companionship, love, and guidance of someone who has suffered brain damage or a loss of cognition as a result of a traumatic brain injury.
When a spouse suffers such a great loss he or she can file a lawsuit to be compensated for that loss. The spouse must show he or she suffered compensable harm as a direct result of the crash.
An automobile accident lawyer can evaluate your case if someone you love was hurt, and can provide assistance in gathering the evidence needed to show the extent of your losses.
Family Lawsuits for Wrongful Death in Automobile Accidents
When someone you love is killed in a motor vehicle accident, your life will never be the same. You lose the income the family member brought into the home and the services your loved one provided, and you also lose the loving relationship you would have enjoyed had your loved one’s life not been cut short by the accident.
In California, a wrongful death action can be filed to recover compensation for spouses, children, and certain others, of a person killed in a fatal car accident. The damages available for a wrongful death claim may include:
- Loss of the income the deceased would have contributed to dependents if he had lived and worked for the remainder of his normal working years,
- Medical bills that were incurred before the deceased died due to auto accident injuries,
- Burial expenses paid for the deceased’s funeral, and
- Loss of companionship, loss of consortium, and loss of services the deceased would have contributed in the household.
To recover these damages, family members of the deceased must prove that negligence was the direct cause of the motor vehicle accident that led to the death.
Contact a Long Beach Automobile Accident Lawyer for Help
“Your Injuries are Personal to Me”
The Law Office of Michael D. Waks provides legal representation to family members who sustain losses due to a loved one’s automobile accident.
Call the Law Office of Michael D. Waks at 888-394-1174 or use the convenient online contact form to schedule a free consultation. You are under no obligation and you will never pay any money unless you recover damages for your injuries.
I offer bilingual services as part of my comprehensive approach to legal representation and I am available 24/7 to talk to you about your case.