loss of consortium ohio

When an individual sustains serious or fatal injuries in an accident caused by someone else, their loved ones also suffer in a variety of tangible ways.

In Ohio, loss of consortium claims can provide an effective way to recover compensation for those damages.

Whether you have suffered financial, physical, or emotional losses—or a combination of these—you may be entitled to recover compensation for your economic and non-economic damages.

Talking to an Ohio personal injury attorney from Bensinger Law can help you get the information and guidance you need to get started with the legal process.

What Is Loss of Consortium?

Loss of consortium is the legal term used to describe the relationship loss that you experience when a loved one is injured or killed. For example, if your spouse becomes paralyzed following an accident, you may not be able to enjoy the same physical relationship you had before.

You may be left with the burden of managing the household on your own, and their accident may also leave them with emotional scars that affect your relationship. Losing a parent can leave a child without guidance, companionship, or affection.

When another party’s actions are responsible for your loss, filing a loss of consortium claim can help you hold the at-fault party accountable for their wrongful or negligent actions. Recovering damages can help you get the financial stability you need for your future.

Who Can Sue for Loss of Consortium in Ohio?

In Ohio, an accident victim’s spouse and children can pursue a loss of consortium claim in most cases. In some cases, parents may be entitled to pursue a claim for the loss of a child. Other family members may have a valid legal basis for pursuing a loss of consortium claim, depending on the extent to which they were dependent upon the victim.

In the case of wrongful death, Ohio law requires the appointment of a personal representative of the victim. The personal representative must bring any legal action for the benefit of the surviving spouse, children, or other eligible beneficiaries.

What Is the Value of Your Loss of Consortium Claim?

The Ohio loss of consortium laws allow victims to pursue legal action to recover compensation for the loss of their loved one’s “loss of society.” This may include some or all of the following elements.

  • Companionship,
  • Care,
  • Assistance,
  • Attention,
  • Protection,
  • Advice,
  • Guidance,
  • Counsel,
  • Instruction,
  • Training, and
  • Education.

In the case of a lost or severely injured spouse, you may also be entitled to pursue compensation for the loss of physical and emotional intimacy.

Talking to an experienced attorney is the best way to determine which damages you may be eligible to pursue and what the value of your claim might be.

How Can an Ohio Personal Injury Lawyer Assist You?

Although you do not legally need an attorney to pursue compensation for loss of consortium in Ohio, having an experienced attorney to assist you can be invaluable.

Your attorney will handle everything on your behalf, from investigating and documenting your claim to calculating your claim’s value and negotiating with the insurance company.

Although most claims can be settled without having to go to court, it’s important to choose an attorney who is ready, willing, and able to file a civil lawsuit if the insurance company will not make a reasonable settlement offer.

When you choose Bensinger Law to assist you, we will be there for you throughout the legal process. We handle every aspect of your claim so you can focus on your family and yourself during this challenging time.

Contact an Ohio Loss of Consortium Attorney Now

No settlement or jury award can undo the damage that’s been done. However, pursuing a legal claim can help you hold the at-fault party accountable and help you get the justice you deserve for your losses.

Bensinger Law serves clients with compassion and determination, putting our extensive experience to work for you.

In Van Worth, Kenton, Shawnee, Elida, and throughout northwest Ohio, call on us today for a free consultation, or contact us online now to discuss your Ohio loss of consortium claim.

Author Photo

Aaron L. Bensinger

Aaron L. Bensinger is an Ohio attorney serving personal injury and civil litigation clients. He has extensive trial experience and makes client service is his primary focus. As a partner at Balyeat, Leahy, Daley, Miller & Bensinger, LLC, Aaron happily works in Lima, OH, and serves the entire Northwest region of the state and beyond.

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