Monday, July 28, 2008

Elements of Personal Injury Damages

Columbus, Ohio. According to personal injury lawyer David Bressman, many victims of car crashes don't know what damages are available in a personal injury claim. And they shouldn't expect the insurance company to tell them either! One of the most difficult to get your arms around is the damages sustained to family members who weren't directly injured. This "loss of consortium" is recognized by Ohio law and is an element of damages that, because it is so difficult to prove, should be as completely documented, as early in the claim as possible.

CONSORTIUM

1. SPOUSE. You are instructed that, at all times pertinent to this case, Plaintiff John Doe was the lawful spouse of Jane Doe. You may award an amount that will reasonably compensate John Doe for damages which you find resulted from any loss of consortium he had as a result of the injuries sustained by his wife from the auto accident.
2. Consortium includes services, society, companionship, comfort, love and solace.

O.J.I. Chapter 23.02

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