Sometimes, injured people don’t pursue compensation because they’re afraid of the stress of a lawsuit. But it’s important to remember that when someone is hurt, it’s not just that person who suffers. Family members, such as spouses, parents, and children, may have suffered as well. And they may deserve compensation for their own emotional pain – which is another reason why injured people should always discuss their situation with an attorney, so they can understand the rights of everyone involved.
The legal system recognizes the loss that family members experience when a loved one is hurt. It often allows family members to bring claims for their own “loss of consortium” with the injured person.
As with so many things, the law varies from state to state and from situation to situation. For instance, sometimes compensation for “loss of consortium” can be awarded as part of the injured person’s lawsuit. And sometimes the family members themselves can bring their own separate claims.
In some cases, a spouse can bring a claim and be compensated for the damage to the couple’s intimate relationship. In other cases, children can also be compensated, and the compensation is for the broader loss of the family member’s companionship, support, love and affection.
Our legal system recognizes the loss that family members suffer when a person is hurt in an accident.
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A contractor who slipped and injured himself while working on-site at a jewelry store could hold the store accountable for his injuries even if the store didn’t know that there was a slippery substance on the floor, the California Court of Appeal recently decided.
The contractor claimed he slipped on jewelry cleaning solution that someone else had spilled on the floor of the employee break room.
In California and many states, the general rule is that a store isn’t responsible for something slippery spilled on a floor unless the store knew about the problem – or had reason to know –and didn’t do anything about it. So, for instance, if a customer spills juice on the floor of a grocery store, and 15 seconds later another customer slips on it, the store probably won’t be responsible because it couldn’t reasonably be expected to have discovered the problem and fixed it in that time.
A store might not be responsible for spills caused by customers unless it knows about them, but a store is responsible for the careless acts of employees whether management knows about them or not, a court said.
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For people who are significantly overweight, “lap-band” surgery can seem like a quick fix … especially in advertisements on billboards promising to make people look like sleek models if they undergo what’s described as a safe, easy, one-hour procedure at a surgical center.
In reality, this surgery – which involves placing bands around the upper part of the stomach to create a pouch, limiting the amount of food that can be eaten at one time – can be very risky, and has even resulted in death in certain instances.
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These days, a growing number of couples are opting out of traditional church weddings and are choosing instead to be married in less formal ceremonies, often presided over by a friend or relative rather than a priest or rabbi.
That’s fine if that’s what the couple wants – but the problem is that some such weddings might not be technically legal.
Typically, a valid marriage requires a license, witnesses, and solemnization by someone with the legal authority to do so. “Legal authority” is the problem. In many states, this means either a justice of the peace or a person who has been ordained by a recognized religion.
Many people believe that they can perform weddings if they’ve been ordained by the Universal Life Church, an Internet “religion” that has no particular belief system but that allows people to fill out an online form and quickly become “ordained.” The ULC’s website proudly touts that its “ministers” can perform weddings. But just because something appears on a website doesn’t mean it’s necessarily true.
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