Filing for a minor :Loss of consortium

[runway123]

I was involved in an accident in July 2005 and since then I have not been able to take my daughter to any amusement parks, we couldn't play tennis anymore,I couldn't take her to the movies and sit with her and basically have a neighbor of mine (who has a daughter the same age/same school) taking my daughter places,sleepovers,etc.

It is eating me up inside that I cannot be there for my 14 year old daughter,especially in the summer(swimming pools,beaches and even cookouts).

I have had full custody of her since April 1996 and as a single parent,was constantly complimented for doing a wonderful job raising my daughter.

Can I file on her behalf ? How will this effect my current injury case?

Since the attorneys said they are not filing a demand until all my medicals come in ( I am required to have spinal fusion soon) is now the right time to bring it to their attention?

I was told that loss of consortium is not just limited to a spouse and their marital relations.

Any info will be appreciated.

 

[seniorjudge]

I was involved in an accident in July 2005 and since then I have not been able to take my daughter to any amusement parks, we couldn't play tennis anymore,I couldn't take her to the movies and sit with her and basically have a neighbor of mine (who has a daughter the same age/same school) taking my daughter places,sleepovers,etc.

It is eating me up inside that I cannot be there for my 14 year old daughter,especially in the summer(swimming pools,beaches and even cookouts).

I have had full custody of her since April 1996 and as a single parent,was constantly complimented for doing a wonderful job raising my daughter.

Can I file on her behalf ? How will this effect my current injury case?

Since the attorneys said they are not filing a demand until all my medicals come in ( I am required to have spinal fusion soon) is now the right time to bring it to their attention?

I was told that loss of consortium is not just limited to a spouse and their marital relations.

Any info will be appreciated.

Definitions of "loss of consortium" on the Web:

* Element of damages sought by the spouse of an injured party for the loss of services, comfort, society and conjugal relations because of the spouse’s injury.
www5.aaos.org/oko/vb/online_pubs/professional_liability/glossary.cfm

* Loss of consortium is a term used in the law of torts that refers to the deprivation of the benefits of a spousal relationship due to injuries caused by a tortfeasor. The deprivations identified include the economic contributions of the injured spouse to the household, care and affection, and sex. It is often cause for compensatory damages to be awarded.
en.wikipedia.org/wiki/Loss_of_consortium



I don't know if LOC has been expanded to the extent you think it has, but I do know that you won't get anything you don't file for.

 

[runway123]

Thanks a lot seniorjudge. You prompted me to do a little research and I found this article:

D. Loss Of Consortium

A minor child may recover for loss of a parent's companionship and society due to injuries negligently inflicted on the parent by a third party. Ferriter v. Daniel O'Connell's Sons, Inc., 381 Mass. 507, 516 (1980). By statute, parents of a minor child also have a cause of action for loss of the child's consortium against any person legally responsible for causing such child serious injury. M.G.L. c.231, §85X; Leibovich v. Antonellis, 410 Mass. 568, 576-78 (1991).

 

[divgradcurl]

Thanks a lot seniorjudge. You prompted me to do a little research and I found this article:

D. Loss Of Consortium

A minor child may recover for loss of a parent's companionship and society due to injuries negligently inflicted on the parent by a third party. Ferriter v. Daniel O'Connell's Sons, Inc., 381 Mass. 507, 516 (1980). By statute, parents of a minor child also have a cause of action for loss of the child's consortium against any person legally responsible for causing such child serious injury. M.G.L. c.231, §85X; Leibovich v. Antonellis, 410 Mass. 568, 576-78 (1991).

What state are you in? Those cases will only help if you are in Massachusetts. Most states do not recognize loss of consortium beyond a spouse. But you have a lawyer, talk to him or her.