Loss of Consortium
Loss of consortium is an action in personal injury claims that a person can take against an individual or entity where their spouse has suffered such injury that it interferes with specific “consortiums,” i.e., aspects of the relationship. These include companionship, love, affection, comfort, intimate relations, and mutual services.
The Law related to loss of consortium in Ireland
Irish common law states that any interference with marital consortium may be cause for a personal injury claim by the spouse who has suffered the deprivation. There are usually three parties in these claims: the victim, the plaintiff (victim’s spouse), and the defendant; the claim is brought against the defendant who is the individual or entity that caused the injury to the victim. For example, where one party is in a road traffic accident and loses the function of their lower body, damages may be sought for loss of companionship and intimate relations.
The Statute of Limitation
The period of limitation for these cases is two years from the date of the accident, this means that proceedings must be taken within that timeframe. Our team of experienced personal injury claim solicitors has over 30 years of collective experience handling cases for those who have suffered a serious injury and their loved ones. We have assisted many clients in recovering maximum damages, and we believe in putting the needs of our clients first. We are committed to obtaining the best possible outcome for you and take pride in our sensitive approach.
The claim process
1. Contact our personal injury solicitors
Our serious injury claim Solicitors are experts in advising clients on how to make these claims. Many people use a solicitor to aid with this application process as a lot of paperwork and filing are required, and our expert team is on hand to make the process as smooth as possible.
2. The PIAB Application
The next step is to make an application to the Personal Injuries Assessment Board (PIAB). If your personal injury claim concerns anything other than medical negligence, some assaults, and some cases of entirely psychological injury, then your claim can be brought through PIAB.
3. Submitting information and documents to PIAB
Your solicitor will obtain evidence, medical reports, and other expert reports required and submit these documents to the Board for Assessment.
4. Consent to assess the claim
Once the application is made, PIAB issue a formal notification of claim to the defendant(s). The defendant(s) must indicate within 90 days whether or not they consent or not to the assessment of the claim. If the defendant consents, then PIAB will proceed to assess the claim. If they decline to have the case assessed, the PIAB will issue an Authorisation to allow the claimant to issue court proceedings.
5. Claim assessment time
If PIAB is assessing the claim, this will usually take about 9 months. They will then issue their Assessment of your claim, this amount reflects general and special damages awarded in respect of your claim. If the Assessment is accepted by both parties, the PIAB will issue an Order to Pay. The Order to Pay has the same status as an Order of the Court, and must be discharged by the defendant(s) within 10 days. A settlement cheque will then be issued to the claimant. If the Assessment is rejected by either party, an Authorisation will be granted by PIAB to bring court proceedings.
What damages am I likely to be awarded?
Damages in relation to
- Medical expenses
- Domestic assistance arising from the loss of the victim’s services – where domestic tasks have to be taken over due to the victim’s illness or injuries
- Loss of companionship
- Deprivation of intimate relations
If you believe you have suffered a loss of consortium at the hands of another individual or entity, we advise all persons to contact our personal injury claim solicitors at the earliest opportunity. We represent clients in various personal injury claims; road traffic accidents, workplace injury, serious injury, medical negligence, and public liability claims. Please take some time to browse our website to learn more about the services we offer as a personal injury solicitors practice in Dublin. If you want to take legal action over a personal injury, you should consult our injury solicitors, who are members of the Law Society’s injury accreditation scheme and clinical negligence accreditation scheme.
Coleman Legal LLP
84 Talbot Street, Dublin 1
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