Car accidents cause harm to both the individual(s) who were in the accident as well as their families. One of the most common questions or remarks we get from family members is that I should be compensated for all the pain and trouble I have been put through as a result of my loved one’s injury or loss. That begs the question, when is a family member entitled to compensation for the injuries or loss of their loved one?
Wrongful death claims for the loss of a family member
The loss of a family member is never easy and an emotional time for all. When a life is taken unexpectedly by the negligence or malicious conduct of another person, the loss creates emotions, some of which we are not proud to admit. While nothing can fix this loss, our laws provide that family members may be monetarily compensated for these losses. Family members can recover for both economic damages and noneconomic damages. The economic damages include the financial support contributed by the lost family member, reasonable value of household services the lost family member provided, loss of gifts and benefits the lost family member would have provided, and funeral and burial expenses. More significantly, the noneconomic damages include the loss of a lost family members love, companionship, comfort, care, assistance, protection, affection, moral support, guidance, etc.
Recovering for the trauma of witnessing your family member being injured in an accident
Being involved in an accident with a family member or watching your family member get into an accident can be a traumatic and horrifying experience even if you come out of the accident without physical injuries yourself. It is not uncommon for family members to suffer from post-traumatic stress disorder (PTSD) subsequent to witnessing a family member’s involvement in an accident in which they are injured or killed. The law provides that you can recover for this emotional distress.
Loss of Consortium Claim: The compensation for loss or deprivation of the benefits or companionship of a spouse
When a spouse loses their partner or their partner suffers severe, long-lasting, or permanent injuries; they may be compensated for the loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support and loss of enjoyment of sexual relations or ability to have children. These are very personal claims and put the private and intimate aspects of a marriage under scrutiny.
If you or your loved one has been involved in an accident, please contact our Carlsbad personal injury attorneys for a free legal consultation, to find out about your rights. There is no fee for the initial consultation and no fee will be payable unless we are successful in obtaining compensation for you.