Loss of Consortium

When a loved one has been disabled or lost their life due to the negligence of a medical provider, the consequences do not impact them alone. The truth is that their immediate family members often suffer extensively as well due to a loss of companionship, comfort, interaction, and day-to-day support. When these losses are significant and pervasive, a separate “loss of consortium” lawsuit may be filed by the family of the injured or deceased loved one.

Filing a loss of consortium claim on your own is definitely not something you should do if you are unfamiliar with Kentucky’s injury, wrongful death, and liability laws. Instead, you should take the stress and the unknowns out of the equation by counting on Attorney Brett Oppenheimer. From his Louisville law office, he proudly represents the wrongfully injured and their families in a variety of claims, including complex and sensitive loss of consortium claims.

Get more information about filing a loss of consortium claim in Louisville by dialing his law firm at (502) 242-8877.

Who Can File a Loss of Consortium Claim?

In order to experience a loss of consortium, courts typically expect you to be closely related to the person who has passed away or became disabled. If you have a distant relationship with that person, then your claim might be dismissed by the court.

There are usually three categories of people who can file a loss of consortium claim in Kentucky:

• Partners or spouses: Married couples or committed partners often rely heavily on one another for not only emotional support but also day-to-day tasks. Losing that consistent support can be emotionally and financially devastating. Loss of consortium claims filed by partners and spouses can also consider the harm, embarrassment, and frustrations caused by sexual deficiencies related to a partner’s new disability.
• Children: It is no stretch of the imagination to say that children are extremely reliant on their parents for care, affection, and reaffirmations. Losing a parent can make a child feel unloved and alone, resulting in lingering emotional and mental damage.
• Parents: A parent who has lost their child due to the negligence of a medical provider will suffer severe emotional devastation that will likely stay with them for the rest of their life. In cases where their child is severely disabled, the harm the parent experiences can be just as widespread and permanent.

What Damages are Considered?

In any injury claim, the key to being given fair compensation is demanding the correct type of damages. As your Louisville loss of consortium lawyer, Brett Oppenheimer can sit with you to discuss what you have been through due to the loss of your loved one or the onset of their disability. He approaches each case sensitively, never pushing his clients to say too much too soon. Your comfort as his client is paramount from start to finish.

Damages that may be uncovered in your loss of consortium case include:

• Pain and suffering
• Humiliation
• Emotional trauma
• Loss of companionship

Loss of Consortium Due to Medical Malpractice

The mistakes of a medical provider can take away what is “normal” for a couple or a family, resulting in hardships felt by everyone. While the family member who was harmed by the medical malpractice files a claim against their medical provider, the affected family members should be thinking of filing a loss of consortium claim as well. Attorney Brett Oppenheimer of Brett H. Oppenheimer, PLLC is well-versed in the law and can handle both types of claims, making pursuing compensation simper.

For more information about filing a loss of consortium claim in Louisville, dial (502) 242-8877 at any time.