Case Value Factors: How Do Insurers Value Loss of Consortium?
There are many factors that potentially affect how much your case is worth, as your Westlake Village injury attorney will explain in your initial meeting. Some factors are very specific to the individual circumstances of your case; others have more to do with the particular quirks of the insurance company you are dealing with.
Loss of consortium
Loss of consortium includes such elements as material services, but also intangibles as society, guidance, companionship and sexual relations. If you have some good evidence that your spouse’s life was actually affected in a negative way by your injuries, then the loss of consortium value may be fairly high.
Your Westlake Village injury attorney will look to some of the following to make that determination:
1. Was it necessary for your spouse to perform extra services due to your injury, such as household duties, childcare or perhaps attend to your medical care and treatment?
2. Was your injury the cause of a change in the relationship between you and your spouse and/or children? For example, did you become angry, upset or discouraged so often that it affected the entire family?
3. Was your marital relationship impacted? Did you sleep apart for any period of time?
A lot depends on the insurance company
The reality is that different insurance companies treat injury claims very differently. Some companies do not mind litigating, and in fact seem to prefer it. One reason is that for a small case (under $10,000), the cost to defend may be very close to the value of the case itself.
Knowing the company you are dealing with is an important factor in evaluating your case. Gary Mitchell, a Westlake Village injury attorney understands the mindset of the insurance company handling your case. If the carrier is fair, and some of them are, you can count on a few more dollars in the settlement offer. If the carrier is conservative you have to take this into consideration in evaluating the offer.
Mr. Mitchell offers a complimentary initial consultation. He may be reached at(805)449-4243.
Gary Mitchell, Attorney at Law
Westlake Village injury attorney
4195 East Thousand Oaks Blvd Suite 240A
Westlake Village, California 91362
Phone: (805) 449-4243
Fax: (805) 449-4245