Do Family Members Have a Claim in Brain Injury Cases?
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Florida Brain Injury Lawyer Details Family Member Claims in TBI Cases
Is there ever a traumatic brain injury case where the victim’s family members have a legal claim? In this video, Florida TBI lawyer Julie Braman Kane explains when children could have a claim for a parent’s catastrophic brain injury, as well as when spouses are able to claim loss of consortium for a brain injury. Loss of consortium is a legal phrase that means loss of a familial relationship, which can include but is not limited to marital relations.
If your loved one has become disabled as a result of traumatic brain injury, you can schedule a free consultation with a nationwide brain injury law firm by calling 305-476-7400 or by filling out our online case review form.
In cases where there is a traumatic brain injury, family members do have claims. First of all, there can be the economic claims, whatever the actual economic losses are to the family, can be brought inside of that. But, in many states, including the state of Florida, there are statutes where if there is a catastrophic injury, to a parent, for example, a child has a claim, which is called a loss of consortium claim. That’s a unique claim for this type of case where there’s a catastrophic injury.
Same thing happens for spouses of people who have suffered a catastrophic brain injury. There is a consortium claim for a husband or wife whose spouse has suffered a traumatic brain injury. Quantifying that to a jury is something that we are uniquely qualified to do and have done in many cases representing brain-injured patients through the years. To reach an attorney at Colson Hicks Eidson, please call us at 305-476-7400, or you can find us on the web at Colson.com.