What is a Loss of Consortium Claim?
A loss of consortium claim is a legal action that allows a spouse or close family member to seek compensation for the loss of companionship, affection, emotional support, and sometimes even household services resulting from an injury to their loved one. These claims are typically associated with serious personal injuries caused by negligence, such as car accidents, slip-and-falls, workplace incidents, or medical malpractice.
In Edmonton, Alberta, these claims are subject to specific legal frameworks under Alberta’s personal injury laws. If a person has suffered a severe injury due to someone else’s negligence, their spouse or dependent may be eligible to file a claim for loss of consortium as part of the broader personal injury lawsuit.
Who Can File a Loss of Consortium Claim in Edmonton?
In Alberta, loss of consortium claims are not recognized as independent claims. Instead, they are typically pursued as part of the injured party’s overall personal injury lawsuit. The main eligible claimants are:
- Spouses (Legally Married or Common-Law Partners): A husband, wife, or common-law partner who has lost companionship, intimacy, or support due to the injury.
- Children (Limited Circumstances): In some cases, children may claim loss of parental guidance if their parent suffers a severe or catastrophic injury.
- Parents (Less Common): If an adult child is severely injured, dependent parents might have grounds for a claim, although this is rare.
Elements Required for a Loss of Consortium Claim
To succeed in a loss of consortium claim in Edmonton, the claimant must demonstrate:
- A Valid Relationship: Proof of a legal marriage or common-law partnership (or in rare cases, parent-child dependency).
- Severe Injury to the Loved One: The injured party must have suffered a significant, life-altering injury due to someone else’s negligence.
- Actual Losses Experienced: The spouse or family member must show how their life has been negatively impacted—such as loss of affection, companionship, or household contributions.
- Negligence of a Third Party: It must be established that the injury was due to another party’s careless or wrongful actions, such as reckless driving or workplace negligence.
Types of Compensation in Loss of Consortium Claims
In Edmonton, damages for loss of consortium fall under non-pecuniary damages, meaning they compensate for non-financial losses such as:
- Loss of Affection and Emotional Support: Inability to enjoy emotional intimacy and support from the injured spouse.
- Loss of Physical Companionship: Inability to engage in a normal marital relationship, including loss of sexual relations.
- Loss of Household Contributions: If the injured spouse previously helped with childcare, home maintenance, or financial decisions, the loss of this contribution can be factored into the claim.
How Watchmaker Law, Founded by David Sowemimo, Can Help
Navigating a loss of consortium claim in Edmonton requires experienced legal guidance. Watchmaker Law, led by David Sowemimo, is a trusted personal injury law firm that helps spouses and families secure the compensation they deserve. Here’s how they can assist:
1. Case Evaluation and Legal Advice
- Watchmaker Law will review your situation to determine whether a loss of consortium claim is viable under Alberta’s laws.
- They will assess the extent of the injured party’s damages and how they impact the spouse or family members.
2. Gathering Evidence
- The firm will collect medical reports, expert testimony, and personal statements to prove the extent of loss suffered by the spouse or dependent.
- They work with professionals to demonstrate the full impact of the injury on the claimant’s emotional and family life.
3. Negotiating Settlements
- Many personal injury cases, including loss of consortium claims, are settled outside of court. Watchmaker Lawwill negotiate aggressively to maximize compensation from insurance companies and responsible parties.
4. Representation in Court
- If necessary, Watchmaker Law will take the case to court and present compelling arguments to obtain fair compensation for loss of consortium damages.
Legal Time Limits for Filing a Loss of Consortium Claim in Alberta
Under Alberta’s Limitations Act, the general time limit to file a personal injury claim, including loss of consortium damages, is two years from the date of the injury. However, exceptions may apply in cases involving minors or when the injury was discovered later.
Contact Watchmaker Law for Expert Legal Assistance
If your spouse or loved one has suffered a serious injury due to negligence in Edmonton, Alberta, and you believe you are entitled to compensation for loss of consortium, Watchmaker Law can help.
Contact Details:
- Watchmaker Law, founded by David Sowemimo
- Phone Number: 587-850-2899
- Email: https://watchmakerlaw.com/contact-us/
- Office Location: Edmonton, Alberta
Final Thoughts
Loss of consortium claims in Edmonton are complex and require an experienced personal injury lawyer to ensure fair compensation. While these claims cannot undo the emotional pain and suffering, they can provide financial relief for the spouse or family members who have been affected. Watchmaker Law has the expertise and dedication to guide you through the process and fight for your rights.
If you believe you have a valid loss of consortium claim, do not wait—reach out to Watchmaker Law today for a consultation.
