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Zachary
Zachary, Attorney
Category: Personal Injury Law
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Experience:  Lead Personal Injury Trial Lawyer
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I was in an accident and received serious injuries and a change

Resolved Question:

I was in an accident and received serious injuries and a change in my mental health medications that together with my pain medications prevented me from being able to perform sexually. Since both my wife and I experienced a loss of consortium--does it matter who files for the loss? This would fall under an under insured motorist claim.
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question. I'm very sorry to hear about your situation.

Both you and your wife have claims, even though the injury is only to you. Only your wife has a claim for loss of consortium. Your claim would be for loss of enjoyment of life and impairment.

It is your impairment that causes your wifes loss of consortium.

Nevertheless, both claims should be compensable under your UIM claim.

Please let me know if you need further information or would like to discuss this matter further.

-ZDN
Customer: replied 1 year ago.

I've been told the loss of consortium is valued at $5,000 per month. Can you confirm or make another recommendation?


 

Expert:  Zachary replied 1 year ago.
There is no set valuation of a loss of consortium claim. These are considered "special damages" and thus it generally falls within the province of the jury to determine the exact amount. An insurance company valuing the claim may have an internal valuation, but this does not set the actual value in stone.

A big factor in considering the value of a loss of consortium claim is your wife's age. If the fact that you can no longer have sex is preventing you from potentially having children, then the value of the claim goes up, as there is more than the simple component of not being able to have sex involved.

In a UIM claim the real botXXXXX XXXXXne is the policy limits, as that is the general extent of liability that is faced by the insurance company. Generally, you will face some stiff resistance from an insurance company if the sole premise of your wife's claim is loss of consortium. Thus, you should fashion your claim so that it is in excess of the policy limits, but expect to have to negotiate it down under the policy limits.

$5,000 a month will likely exhaust your UIM policy limits relatively quickly (i.e., if your limits are $25K, this is 5 months). There's nothing wrong with claiming that the loss is this high, however I can almost guarantee that insurance company will want to pay much less on it. Also, there is not much evidence out there that a jury would award this amount. My take on it is that this is far to high an amount to claim. I suggest stating it as a dollar amount per day. This might make it seem more reasonable. Be prepared to negotiate.

Please let me know if this answers your question or whether you would like further information.

-ZDN
Zachary, Attorney
Satisfied Customers: 3818
Experience: Lead Personal Injury Trial Lawyer
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