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August 12th, 2016

Philadelphia, PA Car Accidents – What is a Loss of Consortium Claim?

Individuals involved in Philadelphia car accidents are often injured.  Some sustain minor injuries, while others sustain catastrophic injuries.  For those who are seriously injured, their lives are turned upside down.  They may not be able to work for an extended period of time.  They may be permanently physically disabled.  They may not be able to live the active life they had before the car accident.  Not only are the victims’ lives affected, their family members’ lives are also affected.

Injured individuals have legal rights to pursue legal action against the at-fault drivers.  In addition, their spouses may also have a legal claim against the at-fault drivers.  Pennsylvania law allows spouses of injured car accident victims to recover for their losses from at-fault drivers. This is known as a loss of consortium claim, which is a derivative claim of the injured car accident victim’s claim.

Related: Financial Recovery in Your Philadelphia, PA or NJ Car Accident Case

Loss of consortium refers to the non-injured spouse’s deprivation of benefits from the injured spouse due to the injuries.  Such benefits include companionship, care, affection, intimacy and the injured spouse’s contributions, including economic contributions, to the household.

For instance, a couple with 2 young kids shares their household chores and responsibility equally.  They both work full-time, and they take turns during the week dropping off and picking up the kids at school.  On the days each spouse picks up the kids, they cook dinner, help their children do their homework, give them baths and put the children to bed.

The husband is seriously injured in a head-on collision in Northeast Philadelphia caused by a driver who was texting while driving.  As a result, he sustains catastrophic orthopedic leg injuries requiring multiple surgeries.  In addition, the husband also sustains a mild traumatic brain injury.  He stays in the hospital for a month.  During that month, the wife assumes 100% of the responsibilities and chores in the household.  In addition, when the husband is discharged from the hospital, he cannot work because his mobility is limited due to his leg injuries.  Therefore, in addition to assuming 100% of the household chores and taking care of the children, the wife also has to take care of the husband.  In such a case, the wife has a loss of consortium claim against the at-fault driver.

There is no set formula for calculating the recovery amount of a loss of consortium claim.  The amount depends on the facts and circumstances specific to each individual situation.

Help from a Philadelphia Car Accident and Injury Lawyer

If your life is significantly impacted due to injuries from a Philadelphia car accident, call our car accident lawyers to schedule a FREE consultation.  Our lawyers take the time and explain your legal rights as well as your family members’ legal rights.  (866) 641-0806

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