However, by fully developing and presenting trial evidence of the thriving marital relationship prior to the injury (
through deposition testimony, before and after witnesses, photographs and videos, and expert testimony, etc.) and then revealing evidence of a substantial change for the worse after the accident, an award of damages for loss of consortium may be substantial.
When patients make claims of negligence the process of discovering whether negligence occurred requires investigating medical records, interviewing the involved parties (
through sworn
depositions), finding experts, sorting out conflicts between the opinions of experts, reinvestigating the records and
testimony as new insights are uncovered and then reaching some kind of consensus, if possible, about what actually occurred and whether those facts meet the definition of legal negligence.
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