When the injuries of one person directly affect their family, a Boston personal injury attorney might be able to file for consortium damages. Find out what criteria must be met in order to file for consortium damages in Massachusetts.
2. If you live in Massachusetts and you, your spouse, or your child has been injured in an
accident, it is vital that you understand exactly what consortium damages are and when
they might apply. There are many scenarios that could allow a personal injury lawsuit to
include a demand for compensation for the negative impact an injury will have on the rest
of the family.
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3. WHAT DO
CONSORTIUM
DAMAGES COVER?
If you can prove that an injury directly or indirectly
caused the rest of the family harm—whether
emotional, physical, or financial—the loss can likely be
included in your claim. Consortium damages cover
any care required by a family member as a result of
the injured person’s wounds and suffering. This could
include everything from medical bills to therapy and
counseling, depending on how the family member was
affected.
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4. Consortium damages also cover emotional
pain and suffering and lost income that stem
from having to watch a loved one go through
an injury and the recovery process. For
example, if you have to quit your job to care for
your spouse after a motor vehicle collision,
consortium damages could help you replace a
portion of those lost wages and compensate
you for the emotional toll.
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5.
6. WHEN DON’T
CONSORTIUM
DAMAGES APPLY?
You and your spouse must fall under certain
guidelines in order to qualify for a loss of
consortium claim. Above all else, your marriage
must have been approved and finalized on or
before the date that the injury occurred. You can’t
claim loss of consortium for injuries sustained
prior to getting married.
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7. You must also be able to prove
that the marriage is legitimate in
the eyes of the law. Finally, you
must be able to demonstrate
beyond a reasonable doubt that
your spouse or child’s injury
directly caused you to lose money,
experience pain or suffering, or
otherwise sustain damages.
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9. IF YOU HAVE QUESTIONS REGARDING
CONSORTIUM DAMAGES IN
MASSACHUSETTS, OUR PERSONAL
INJURY LAWYERS HAVE THE
EXPERIENCE AND KNOWLEDGE YOU
NEED.
Call Joel H. Schwartz, PC at 1-800-660-
2270 or reach us online to schedule a free,
no-obligation case evaluation.
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