You can apply for loss of consortium damages if you’ve lost meaningful relations with your partner because of their personal injury or death due to a drowning incident.
It is possible for a drowning-related injury to affect relationships, too. If your partner is no longer able to participate in a meaningful relationship with you because of their injury or death due to a drowning incident, then you can get legal compensation.
But what does a loss of consortium actually entail?
It goes beyond just sexual relations. While it is an important part of relationships, intimacy is just one component of the bigger picture. The legal definition of consortium in Colorado is not limited to marital sexual relationships and extends to other forms of care and affection.
What Is Included in a Loss of Consortium Claim in Drowning Cases?
Loss of consortium is applicable to anyone (or all) of the below scenarios resulting from a drowning case:
- Love
- Sexual intimacy
- Comfort
- Compassion
- Care
- Affection
A cursory look at the statistics shows that the loss of consortium cases is based on the loss of a legal spouse, but Colorado may allow claims for partners who aren’t necessarily in a spousal relationship. In some cases, loss of consortium claims can even extend to parents and children.
It is worth mentioning the loss of consortium is always treated as a personal injury case. If you are injured due to a drowning incident because of someone else’s negligence, you can file a personal injury lawsuit in Denver, Colorado.
This lawsuit will seek compensation for your medical treatment, therapies, rehabilitation, and other expenses due to the financial losses emanating from the drowning-related injury.
Remember, the goal of loss of consortium cases, just like in personal injury lawsuits, is to make you whole again. In other words, the goal is to restore you (or your relationship) to the condition before the drowning incident occurred.
Loss of consortium cases are usually filed by the spouse or partner of the person who was injured or killed due to a drowning.
While it is true that money can never replace love and affection, it does make life a bit easier. Colorado courts make it possible for affected spouses and partners to receive financial compensation based on their losses.
Note that if a surviving child or parent files a loss of consortium claim, it is referred to as a filial consortium.
The Dollar Value of Intangible Damages Due to Drowning Case
In most situations, it is not possible to arrive at an accurate estimate of the dollar value of loss of consortium cases. This is because the damage is intangible, which means that finances can never replace what’s truly been lost – the love, affection, care, or attention of a spouse or partner.
Loss of consortium claims may only be filed for the most severe injuries resulting from a drowning incident, such as incontinence, paralysis, or wrongful death. It is important to prove that these injuries are long-lasting or permanent to result in a loss of consortium.
What it Takes to Prove Loss of Consortium in Drowning Cases
There is no specific test that can be used to prove or calculate loss of consortium damages due to drowning incidents. It is best to provide as much evidence as possible about the damages that may have been done to your spousal relationship. Various factors are considered, such as the following:
- Was the partner affectionate and loving before the drowning incident?
- What were the living arrangements of the spouses?
- The individual life expectancies of the spouses
- The role of the spouse in raising children and other household responsibilities that may have been affected by the drowning incident
If the spouse has suffered irreversible medical damage due to their drowning incident, and it can be proven that these injuries make them unable to provide sexual relationships, companionship, affection, and love to their spouse, the non-injured spouse can then claim damages for these losses.
Filing a Loss of Consortium Claim in Denver, Colorado
Your drowning accident lawyer in Denver, Colorado, will first have to establish the defendant’s fault using as much evidence as possible. Other elements will be analyzed to increase the monetary value of the compensation; these include medical expenses and other costs.
Instead of researching this complicated legal issue on your own, we urge you to contact our experienced personal injury lawyer, who can review your case and answer all your questions with a quick consultation.
Our personal injury lawyer at Bourassa Law Group can advise you on whether or not you have a claim for loss of consortium and what outcomes are possible.
Start by visiting our website or simply dial 800-870-8910, and we will connect you with a drowning accident lawyer who understands the ins and outs of the process and can help you get the compensation your case deserves.
1-800-870-8910