Loss of Consortium in a North Carolina Truck Accident Case

When accidents resulting in personal injuries occur, it can have ramifications on every area of your life. In addition to your own suffering, the people closest to you are affected as well. While you focus on your recovery, these loved ones are often required to assume additional burdens financially and in terms of household contributions and family tasks. Depending on the situation, they may also be entitled to compensation in your personal injury claim.

Damages in Truck Accident Claims

When you are injured in a truck accident caused by another party’s reckless or negligent behavior, you may be entitled to compensation through an insurance claim.

Even seemingly minor personal injuries can result in damages worth several hundred thousand dollars. For example, the National Highway Traffic Safety Administration (NHTSA) reports that the total amount of costs associated with injuries caused by a fender bender can easily total more than $50,000 while more serious crashes can result in damages of up to $1 million or more.

The size and weight of large commercial trucks usually mean the injuries suffered by truck accident victims are serious to catastrophic. Many victims are left with permanent disabilities and are unable to engage in a lot of the activities they enjoyed prior to the accident.

In addition to the impact on the victim, their spouse is likely to suffer ramifications as well. They may have to take on additional hours at work if the victim is left disabled and unable to work. The victim may not be able to participate in helping around the home or even be left unable to fulfill parental duties. These losses are separate from the victim’s losses.

Compensation for Your Spouse or Partner

Under North Carolina law, victims are entitled to two types of damages in a personal injury claim. Economic damages are those with a specific dollar amount, such as the costs of medical care or compensation for lost wages. Non-economic damages are intangible items with no clear dollar amount. It is up to a judge or jury to decide what is fair in each situation if the victim and insurance company cannot agree on a settlement amount.

But North Carolina law also allows the victim’s loved ones (spouse, parents, children) to pursue a loss of consortium claim for compensation for the absence of the victim’s affection, companionship, service, sexual relations, and society. Some of the damages that may be included are:

  • Mental anguish caused by the victim’s injuries
  • The stress and inconvenience of providing for the victim’s care and having increased burdens placed on them
  • The loss of companionship and enjoyment in life if the victim’s injuries prevent them from engaging in family activities or being intimate with their partner

Contact Our North Carolina Accident Attorneys Today for Help

If your spouse has been injured in an accident by another party and they have suffered long-term or permanent injuries, you may be entitled to damages in a personal injury claim. Contact a North Carolina truck accident attorney from Shapiro, Appleton, Washburn & Sharp to request a free and confidential case evaluation. Our legal team will work diligently to get your family the financial compensation you deserve.

 

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