Love And Injury: Understanding Loss Of Consortium In Oklahoma
Personal injury cases can be complex, considering many factors when determining liability and compensation. One type of individual injury case that often arises is Loss of Consortium. In this article, we will explore the definition of Loss of Consortium, cases where it applies, what one may need to prove in a claim for a Loss of Consortium and the time limitation for filing such a claim in Oklahoma City (OKC). That will allow you to contact a personal injury lawyer in time.
What is the Loss of Consortium?
Loss of Consortium is a legal term that refers to the loss of companionship, affection and sexual intimacy between two partners, typically spouses. This type of loss can occur when one spouse is injured or killed due to the negligence of another party. The spouse who has been injured or killed may no longer be able to provide the same emotional or physical support as they did before the injury, leaving the surviving spouse to suffer the loss.
Cases of Loss of Consortium
Loss of Consortium cases can arise in a variety of personal injury cases. For example, if another driver's negligence injures a spouse in a car accident, the other spouse may be able to file a claim for Loss of Consortium against the at-fault driver. Similarly, suppose a spouse is injured or killed due to medical malpractice. In that case, the other spouse may also be able to file a claim against the medical professional or facility responsible for the injury or death.
What must One Prove in a Consortium Claim?
To successfully file and secure the claim for Loss of Consortium, one must prove several elements:
First, one must prove that a valid and legally recognized marriage or domestic partnership existed between the injured or deceased party and the surviving spouse.
They must also prove that the loss of consortium was a direct result of the injury or death caused by the negligent party. It means that the surviving spouse must show they have suffered a significant loss of companionship, affection, or sexual intimacy due to their partner's injury or death.
Lastly, they must show that the negligent party is responsible for the injury or death that caused the loss of consortium.
Time Limitation for Loss of Consortium Filing
In Oklahoma City, the statute of limitations for filing a Loss of Consortium claim is typically two years from the date of the injury or death. It is important to note that this time limit can vary depending on the case's specific circumstances, so it is crucial to consult with an experienced personal injury lawyer as soon as possible after the injury or death occurs.
Why Do You Need a Personal Injury Lawyer for Your Loss of Consortium Claim?
Filing a Loss of Consortium claim can be complex and emotionally challenging, so having an experienced personal injury lawyer on your side is essential. A skilled attorney will have the knowledge and resources to investigate the circumstances of the injury or death and build a strong case on your behalf. They will also negotiate with insurance companies and other parties involved in the case to ensure that you receive the compensation you deserve.
The West Law Firm: Your Injury Lawyers in OKC
If you or a loved one has suffered a loss of consortium due to a personal injury in Oklahoma City, The West Law Firm is here to help. Here you will find some of the top personal injury lawyers in OKC with a proven track record of successfully handling Loss of Consortium claims. We will fight tirelessly to ensure that you receive the compensation you deserve. Contact us today to schedule a free consultation and learn more about how we can help you with your case.
** Disclaimer: The above article does not imply a relationship between attorney and client, nor is it legal advice.