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Loss of consortium: When your spouse’s injuries injure you

| Nov 23, 2017 | Car Accidents |

Any spouse — whose husband or wife suffers a catastrophic injury in a car crash — will feel intense empathy and pain for his or her injured loved one. They will also be busy taking care of different odds and ends at home and the hospital, and they may even serve as at-home nurse for their spouse as he or she recovers after being released from the hospital.

If you’re one of these spouses — who is helping your husband or wife deal with his or her injuries — have you considered how your spouse’s accident has affected you? It’s not easy to adopt this mindset when your spouse is obviously suffering a great deal more than you due to his or her physical injuries. However, if you really stop to think about it, you have suffered injuries and you may be able to file a claim against the at-fault party for “loss of consortium.”

Perhaps your spouse took care of the kids after school. Perhaps your spouse cooked dinner every night. Or, maybe your spouse carried out various household chores. More importantly, though, your spouse offered you physical, emotional and sexual affection and companionship. If your spouse is injured and unable to perform these services anymore, you have suffered injuries and losses in a very real way. These injuries fall under the category of loss of consortium.

Montana courts will consider the psychological, emotional and other injuries suffered by spouses when their husbands or wives get hurt. As such, as a component in your spouse’s personal injury claims, you may be able to include yourself as a named plaintiff by making a “loss of consortium” claim. This claim will plead for monetary compensation to reflect the losses you have suffered, such as lost household services, loss of companionship, lost spousal benefits and more.

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