When a partner is injured, you may be able to file a claim.
Whenever a spouse or partner sustains injuries or dies because of someone else's negligence, the non-injured spouse or partner may be entitled to seek certain damages under the law. Your Baltimore and Towson family law attorney knows that individuals who are found legally liable for their negligence are typically required to pay an injured person and/or his or her family for the damages sustained. That said, a skilled attorney can assist those spouses or partners who may not have a full appreciation of the types of claims they can bring against the responsible party or parties for the injuries or death of their loved ones.
Loss of Companionship/Consortium
One type of cause of action that is typically brought by an individual whose spouse has been injured or killed is known as a "loss of consortium" or loss of companionship claim. In Maryland, such claims can be brought not only by the spouse of an injured or killed party, but also by the parents. But spouses should note, though, that loss of consortium can only be claimed in joint actions that are brought by both spouses for harm sustained to their marital relationship. Additionally, the claim must be tried at the same time that the injured spouse brings his or her action against the alleged negligent individual who caused the injury. Maryland currently does not recognize claims made by unmarried cohabitants for loss of consortium.
The thought behind loss of consortium/companionship claims is to provide compensation for family members who have lost the relationship of the accident victim. Just about any Baltimore and Towson family law attorney will tell you that for married couples, this can include compensation for loss of sexual relations, affection or emotional support.
Wrongful death suits are typically brought by the family members of those individuals who have been killed due to an accident that was caused by someone else's negligence or deliberate bad act. It bears mentioning, though, that family members must have standing in order to bring wrongful death actions. Generally speaking, spouses can bring such actions and parents are permitted to bring such actions on behalf of their minor children.
In the state of Maryland, the measure of damages usually includes things on which a monetary value can be placed, such as loss of monetary support, contributions and services that the relatives would have received had their loved one not been killed. But, the state also allows loved ones to receive damages related to emotional pain and suffering, mental anguish, and loss of protection, comfort and advice.
As of now, it remains unclear as to whether or not unmarried cohabitants will have a right to sue for the wrongful death of their partners under the Wrongful Death Act; but it stands to reason that if an individual is found to be able to recover under a Workers' Compensation claim, he or she may be found to be an appropriate plaintiff in a wrongful death case.
If you or a loved one has questions about the types of actions that can be brought in cases involving the injury or death of a spouse or partner, contact a Baltimore and Towson family law attorney at the Law Offices of Amar Weisman, LLC as soon as possible.
Call (410) 321-4994 For a Free Consultation
Call The Law Offices of Amar S. Weisman at (410) 321-4994 to schedule a Free Consultation. The Purpose of the consultation is to determine whether you want to retain this law firm as your Baltimore County & Harford County Family Lawyer. If you do wish to proceed, then you must pay a retainer. See Our Policy on Fees and Costs. The family firm is located next to The Circuit Court for Baltimore County, at 1018 Dulaney Valley Road, Towson, MD 21204.