"LOSS OF CONSORTIUM" OR ACCESS

[Lilly]

Truckster,
Don't feel bad....I'm still sleeping on the sofa too.
Heck, the IC don't care if i can wash my hair or wipe my butt either....so they sure as hell don't concern themselves about our sex lives!!!
Lilly

[Still in Limbo]

Truckster, I looked up that Case Last Night and Read the Entire 22 Page Decision on it, and I'm going to Discuss it with My Attorney. It Seems the Adjuster, after Listening to the Wife, Convinced the Ins. Co. to Pay the Loss of Consoritorium, and then they had a Superior Court Judge rule on it's Merits, and the Judge Affirmed, and the State Appeals Court Upheld the Decision! So there may be a Light at the End of the Tunnel, I'll let You know More as I Learn it! Happy Holidays!!

[Truckster]

HEY LIMBO,GLAD I COULD HELP IN ANY WAY IF ANY AT ALL.IT JUST SEMMED STANGE TO ME THAT I FOUND IT IN YOUR STATE WITHIN 10 MINUTES OF LOOKING AND YOUR ATTORNEY COULDN'T ,DIDN'T OR DIDN'T WANT TO..BUT I HOPE IT WORKS OUT FOR YOU AND DEFFINETLY KEEP ME INFORMED ON HOW IT GOES...THE WAY I READ THE CHARGES THAT OTHER PEOPLE HAVE BROUGHT AGAINST THE INS.COMPANIES ARE THAT IT DOESN'T HAVE TO BE JUST A SEXUAL THING,BUT IT CAN ALSO BE FOR LOSSE AS FAR AS YOU NOT BEING ABLE TO REPAIR YOUR WIFES CAR,CUT GRASS,NOT BEING ABLE TO MAINTAIN YOUR HOUSEHOLD AND THINGS OF THAT NATURE ON TOP OF THE SEXUAL ASPECT.AGAIN GOOD LUCK AND KEEP ME INFORMED...HAPPY HOLIDAYS TO YOU AND YOUR FAMILY!!!!!

[Truckster]

Loss of Consortium
Loss of consortium in legal proceedings most often refers to decreased or limited sexual activity between spouses as the result of a personal injury.

But, loss of consortium also refers to diminished care, companionship and / or affection as well regardless of whether or not sexual activity has decreased.

Loss of consortium may be claimed in either negligence or intentional tort cases.


Usually loss of consortium will refer to legally married couples, though there has been a push in recent years to include same sex couples and couples that are not married but have been in a committed relationship for a long time. It should be noted that when loss of consortium is claimed in court, the couple's sex life is fair game to attorneys for the opposing side, which may give many couples pause when going forward with a loss of consortium claim.

Loss of consortium can also occur if one spouse is not able to perform regular duties around the house such as parental guidance of children or losing out on activities such as camaraderie with children, siblings or other extended family members.

The spouse of the injured party may also bring forward a lawsuit for loss of consortium even though they were not directly injured. Sometimes this will lead to a quicker settlement since the defendant may be worried about a larger judgment when two trials are threatened.

Other times, the loss of consortium claim is a hard sell to juries who feel that missing out on certain aspects of life or making adjustments and compromises are just a standard part of living. In these cases, the loss of consortium claim must show extreme circumstances in order to gain a favorable verdict. Life-changing injuries and permanent disabilities generally garner more empathy from judges and jurors when loss of consortium is claimed.

[Gayle57]

You know I haven't really looked into this but back when my son was in
physical therapy (along with a million other victims) he met this guy who
has been through all this mess with w/c. And he took the claim adjuster
who happens to be the V.P. of claims to small claims court. (for all the
denials causing him more pain etc.) anyway he won!! There just might
be something to this because one day my son called me from physical therapy and the receptionist there told my son he owed them $16,000 and
needless to say that on top of all these denials (and no money) my son
called home crying. I was so scared he'd be in a car accident I called the
claims adjuster and of course you can't talk to him just leave a message
so I (immediately faxed him) and told him what had happened and if anything
happened to my son I would hold him "personnally responsible" Boy that
fax did some shaking. He immediately sent a copy to his lawyer. I also called a member of the Board of this Insurance Company complaining. They
did not like that. I his fax number telephone number off the internet after
some searching. That stirred up a lot too. This guy did not like being bothered. I mean he had his own company to run. I have lost his number
and the web site with all this information has been taken down. Who do
you think took it down? hmmmmm

[Truckster]

THAT'S IT GAYLE,IF ALL ELSE FAILS,USE A BIGGER STIRING STICK!!!!!!

[sparkey]

I would not be surprised if my hubby would file for a suit like that. He always says " I am never in the mood".lol. Being on meds can take a toll on your body as far as sexual functions. I have asked for medicine to help that from my primary doctor and he just laughed. Since then i never mentioned it again.

I think if i pushed the issue with my PM visits, they would either cut down on my meds. or take me off completely. That would only make matters worse, as i would be in to much pain to even consider having sex..LOL. Anyways, there must be a pill we can buy at the pharmacy for that. Without a prescription. Does anyone know of one that would help the ole Libido?

[Lilly]

Sparkey...Not a clue. The raw oyster trick doesn't work, I know that. If there was such a med, my hubby would have stock in it or be a co-owner! Nothing that either of us are aware of. If you find out let me know!!
Lilly

[Truckster]

I DON'T IMAGINE GETTING YOU DRUNK WOULD HELP EITHER!!!!!!LOL!!!!!

[blddrwn]

I wanted to know alil more about what is or isnt compensated for certain injuries? can U help me....I get differant stories from differant ppl....[/font][/color][/size]