When your spouse gets badly hurt, it impacts more than just losing wages and piling up medical bills. The emotional pain and loss of companionship can be overwhelming. In Indiana, you might have the right to seek compensation for these emotional losses through a loss of consortium claim. This legal option recognizes the unique harm spouses of injury victims suffer.
What exactly is a loss of consortium claim?
A loss of consortium claim gives you the chance to seek damages for the loss of your spouse’s:
- Companionship
- Affection
- Sexual relations
- Assistance with household duties
In Indiana, loss of consortium is a separate claim from your spouse’s personal injury case. This means you can pursue compensation independently, even if your spouse does not file a lawsuit. You can claim based on Indiana law, which specifically recognizes the right of a spouse to recover damages for loss of consortium.
How do you prove the loss of consortium in Indiana?
To tip the scales in a loss of consortium claim, you will need to demonstrate:
- Your spouse suffered a significant injury due to someone else’s negligence
- Your marriage suffers because of this issue.
- The extent of your losses in terms of companionship, intimacy, and support
Evidence may include:
- Medical records show your spouse’s injuries.
- Family and friends testify about changes in your relationship.
- Documentation shows counseling or therapy for marital issues.
Indiana uses a modified comparative fault rule. If your spouse is over 50% at fault for their injury, it might impact your ability to recover damages.
How can an attorney help with your loss of consortium claim?
Experiencing a loss of consortium involves personal aspects of your life, and sharing this with others may be difficult. An attorney can help present your case effectively while protecting your privacy. They gather evidence, calculate damages, and negotiate with insurance companies for you. With their knowledge of Indiana law and experience managing similar claims, an attorney becomes a valuable ally in seeking fair compensation for the impact on your marriage.
