Injury victims rarely think about loss of consortium when they are consulting lawyers, but it is one of the tools commonly used to negotiate fair settlements from defendants. Loss of consortium and other lifestyle factors are not as concrete as, for example, the costs of medical bills; but they are in many cases quantifiable enough to form part of a total compensation package.
When a spouse or partner loses his or her ability to relate to a partner in a normal and traditional manner, lawyers often consider loss of consortium. These awards always take into account what kind of relationship was “normal” or usual between the two spouses or partners prior to an accident injury. In fact, the difference in relationship is what a loss of consortium payment is based on.
Too many injury victims tend to view loss of consortium as an irrelevant or overly vague type of component to an injury settlement. Many plaintiffs (and defendants) see large-dollar settlement figures and don’t understand how these figures were calculated. The reality, though, is that qualified injury lawyers work hard to itemize a settlement in a way that’s reasonable and equitable for their clients.
We have seen New York courts take loss of consortium very seriously. In some cases, both spouses or partners claimed up to six figures for loss of consortium. Again, loss of consortium will be factored into a greater settlement that will reflect things like the costs of medical bills, lost wages, lost future earnings, pain and suffering and the challenges of a lifestyle change brought about by the injury in question. Skilled lawyers will evaluate the facts of the case, paying particular attention to the presence of negligence or inattention to public safety and third-party responsibility for a work injury.
The best New York personal injury lawyers will use all of the tactics discussed above, along with knowledge of federal, state and local law, as well as case precedent. They will keep their clients informed every step of the way and help them understand their legal options and likely outcomes.
Hurt in a New York City workplace accident? Call the personal injury law offices of Rosenberg, Minc, Falkoff & Wolff to get qualified legal advice from a firm that has a track record of helping NYC families pursue compensation. We have experience helping our clients get the best chances of compensation for the costs of care and recovery after an accident. Let us help you fight for your rights in court.