Oftentimes when a parent gets injured such as in the case of an auto accident or a work-related injury at a factory or construction site, the immediate concern is their physical and emotional health as well as making sure they are made whole. To this end, the law will make sure that their medical bills are taken care of, lost wages attended to, rehabilitation sessions are booked and that if there is any property damage, it is reimbursed or replaced.

However, what is often overlooked is the emotional health of the children who are left on the sidelines wondering how they can reconnect with their parent who used to be their confidante, playmate, a role model and so much more. They may be left with someone who is a shadow of their former self, and as such, may struggle emotionally when it comes to navigating their new normal.

Thankfully, US law recognizes this relational interest children have in the comfort, society and affection of their parents and allows them under a guardian to pursue a claim for damages arising out of their parent’s injury as they relate to the deprivation of the intangible benefits they may have otherwise received had the parent not suffered the injuries they sustained on account of the negligence of another party.

Also known as parental consortium claims, these damages can help bridge the emotional gap between the children and injured parent in ways that may not be immediately apparent that we shall take a look at in this post – keep reading to find out more and how McCready Law can help you recover these and other damages in case you have a parent that just got injured in an accident you believe was not their fault.

Are you looking for a best accident injury attorney? Please call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation. The experienced injury attorneys at McCready Law bring to the table over 90 YEARS of combined legal experience where we’ve helped tens of thousands of injured Americans all over the country recover compensation after getting injured due to the negligent actions of other individuals or large corporations.

At McCready Law, we believe in getting the best possible outcome for our clients, and this is exemplified in the fact that we’ve been able to recover over $260 million in compensation for our clients over the decades, with a lot of these judgments or settlements ranging in the hundreds of thousands of dollars and some, particularly for cases where the client suffered catastrophic injuries, millions of dollars.

Some of the factors that set us apart from other run-of-the-mill injury law firms is the fact that we personally handle all claims as experienced injury lawyers and do not shunt the work over to paralegals and legal assistants as is common in most law firms which often ends in the failure of a claim, working with top experts in the medical, forensic science and accounting fields to ensure your case features robust evidence as well as is accurately quantified as far as your damages are concerned.

On top of running a bilingual firm (hablamos Español), we have nationwide reach thanks to our trusted network of referral firms and attorneys, and we take on all cases on contingency fee basis, which simply means that there are ZERO UPRFONT FEES as we only levy our fees at the end of the suit, and only if we’ve recovered compensation on your behalf.

If you or a loved one got injured due to the negligent actions of someone else either at work, in an auto accident, at a retail store, on holiday and even at a sporting event, please give us a call NOW at (314) 481-63338 to learn more about your legal options for justice and compensation – our intake team is standing by.

Loss of Parental Consortium Claims – What You Need to Know

Loss of parental consortium claims have a legal basis and legitimacy due to the fact that the absence or diminishing of a parent-child relationship due to the parent’s injuries may significantly and negatively impact the child’s life. Loss of consortium claims is brought by the child for the loss of the benefits of a child-parent relationship.

In addition, while the rules regarding who can bring forth a claim for loss of parental consortium vary from one state to the next, minor children under the age of 18 have the right to do so, and in reality, a legal guardian or their other parent files the claim and oversees it.

In addition, in order to bring forth such a claim, the parent must have suffered a significant and debilitating injury which must be severe and long-lasting, which impairs the parent’s ability to prove the care the child was accustomed to as well as guidance and companionship. Examples of such injuries include things like traumatic brain injury, spinal cord injuries culminating in paralysis, or an occupational illness such as asbestos-related cancers leading to chronic illness.

Here are some of the damages that are recoverable under loss of parental consortium claims:

1. Loss of companionship
2. Loss of guidance and support
3. Loss of care and nurturing
4. Loss of love and affection

Challenges Associated with Loss of Consortium Claims

That said, loss of parental consortium claims often face significant legal hurdles. To begin with, they are considered derivative in nature whereby if the parent’s claim fails, the child’s claim may also go down a la domino effect. In addition, it may be difficult to quantify the intangible losses suffered by a child and the evidence alluding to this must be robust and show the ways in which the parent-child relationship has been affected, using concrete examples. Lastly, loss of parental consortium claims laws may vary from state to state.

Best Countrywide Injury Lawyers – Call Us Today!

If your parent was involved in an accident or injury that wasn’t their fault and you as a child are suffering due to the crumbling relationship you now have to live with, please ask a guardian to give us a call NOW at (314) 481-63338 to learn more about how we can help you as a family recover justice and seek compensation. Remember, the call is 100% FREE, and there is absolutely no legal obligation. Thanks for choosing McCready Law, and we look forward to helping you.