How Can Family Members Recover Compensation if a Loved One Suffers a Severe or Permanent Brain Injury?

How can family members recover compensation if a loved one is suffering after a severe or permanent brain injury? Family members have several paths to compensation. If you or a loved one can’t handle their own affairs due to the injury, you can pursue the claim as their guardian or conservator.

Massachusetts recognizes loss of consortium claim for spouses, which is compensation for the loss of companionship, affection, and marital relations.

Children may have claims for lost consortium as well with their parent for lack of parental guidance and support.

Family members who become caregivers can seek compensation for their time and lost wages. If family members witness the accident, they might even have their own claim for emotional distress.

In the very worst cases, if the brain injury leads to death, it becomes a wrongful death claim.

The key is documenting how the injury has impacted the entire family unit. Because brain injuries don’t just affect the victim, they change everyone’s lives.