When you have suffered a severe burn injury, no dollar amount will take away the emotional pain and permanent physical damage that you have endured. However, if your injury was due to the negligence or careless act of another, it is your legal right to seek compensation from the faulty party. Severe burn injuries are devastating injuries that impact not only the burn victim, but also the victim’s spouse, children, and parents. If your loved ones have experienced adverse effects after your burn injury, they may be able to recover damages for loss of consortium.
The experienced burn injury attorneys at Cueria Law Firm have had success helping Louisiana families recover the settlements that they are entitled to under the law. A loss of consortium claim is difficult to put a dollar amount to, so it is vital that you seek the counsel of a skilled burn injury attorney who understands the law and knows how to get you the maximum compensation possible for your claim. Contact the Louisiana burn injury attorneys at Cueria Law Firm today for a consultation.
What is Loss of Consortium
A serious and life-altering injury such as a burn impacts more than just the burn victim. The family members of the injured person will also suffer negative after-effects of the injury. Loss of consortium is a cause of action that allows certain family members to seek compensation for the losses that they have sustained due to the injury or death of their loved one because of the negligence of another party.
The theory behind the claim is that the injured person will no longer be able to maintain the same role within the family that they held before the injury. A judge or jury will usually only award compensation for a loss of consortium claim if the injured person has died or the injury has resulted in permanent damage, such as paralysis or amputation.
The types of damages that spouses, children, or parents may claim fall under two categories: loss of society and loss of service. Loss of society may include the loss of love and affection, companionship, or moral support. Loss of service typically refers to the household or parenting duties that the injured person was previously responsible for, but that the family member will now have to pay another party to accomplish.
Who Can File a Louisiana Loss of Consortium Claim
The categories of family members that can claim loss of consortium vary from state to state. In Louisiana, the law states that spouses and children, parents, siblings, and grandparents are eligible to recover damages for loss of consortium if their loved one has been injured or killed due to the negligence of another party.
If you are unsure if your loved ones have a claim for loss of consortium after your burn injury, contact the Louisiana burn injury attorneys at Cueria Law Firm for a review of your case and an explanation of your legal rights.
How is Loss of Consortium Calculated
Loss of consortium is considered a general damage under the law. General damages are also known as non-economic damages because they do not have a definite dollar amount tied to their value. Other types of general damages that you may be able to recover compensation for include:
- Physical or emotional pain and suffering
- Physical impairment
- Emotional distress
- Mental anguish
- Reduced quality of life
- Physical disfigurement
The awards for loss of consortium are subjective and vary on a case-by-case basis. An experienced burn injury attorney like those found at Cueria Law Firm will know how to get you the maximum award possible for your specific case.
Loss of Consortium Claim Considerations
There are some important considerations that you and your loved ones should address before deciding to file a loss of consortium claim. The defendant’s attorney will likely question you and your loved ones about intimate aspects of your relationships in front of the court, in an effort to reduce the strength of your claim. You and your family members will need to determine if your family can withstand the public attention this might draw.
When faced with a debilitating burn injury, it is critical to protect yourself and your loved ones from financial hardship. If you have suffered a severe burn injury and your loved ones have been negatively affected, contact the attorneys at Cueria Law Firm right away to see if you have a valid loss of consortium claim against the party that caused your injury. There may be substantial compensation available to your family members for the losses that they have suffered. Call our office today for your consultation with our experienced burn injury attorneys.