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The Emotional Component to a Personal Injury Lawsuit

Updated August 22, 2019 | By Wilson Kehoe Winingham staff

An experienced personal injury attorney won’t just settle for reimbursement of medical expenses, lost wages, and pain and suffering. They will also go after all the damages to which you and your family members are entitled, including mental anguish and loss of consortium. Serious injuries can take their toll on the entire family and have a long-lasting impact on mental as well as physical health.

Loss of Consortium

Indiana courts recognize what’s known as a claim for loss of consortium. The law states that “consortium does not consist alone of intangible mental and emotional elements, but embraces within its ambit also services and charges which one partner in the marriage performs for the other and have a monetary and pecuniary value.”

Under this doctrine, spouses can maintain an action against a negligent party for the impact their partner’s injuries had on their marriage. The term consortium is rather archaic and generally associated with conjugal relations. In practice, the claim compensates for more than a ruined sex life. Courts recognize that spouses lose emotional support and parental participation due to the injury. These losses may, in some cases, be permanent.

How Claims Are Calculated

When viewing the value of a consortium claim, courts take several factors into consideration. The nature and extent of injuries is of course primary. The length of the marriage, its stability, and the perceived relation of the couple will all be under scrutiny. While revealing the intimate details of what transpires in one’s bedroom seems incredibly invasive, losing the enjoyment and pleasure of a spouse’s company is worse.

Contact a Personal Injury Attorney Today

If you or a loved one have been injured as a result of negligence, you are urged to contact the Indianapolis Personal Injury Attorneys of Wilson Kehoe Winingham. The lawyers at WKW can help you and your family get the compensation you deserve. Call 317.920.6400 or fill out an online contact form for a free, no-obligation case evaluation.

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