loss of consortium settlement amounts

However, the courts recognize a loss of consortium as a real loss. the plaintiffs, the loss of consortium claim may end up being reportable even if the main injury claim is not. 1 Loss of consortium entitles the plaintiff to recover non-economic compensatory damages.These are subjective damages to compensate for the loss of the spouse’s or partner’s companionship and regular relations. In Louisiana, there are four elements a spouse needs to prove in a loss of consortium lawsuit: Because the loss of consortium damages are considered subjective in value, meeting such a claim’s legal requirements is extremely challenging. Though archaic in thinking, these early interpretations of loss of consortium sought to deliver justice to husbands deprived of their wives. Or if it’s more comfortable for you, send us a message on our. Think you're too far---you're not! Some legal scholars trace the concept of damagesrelated to loss of consortium back to English common law, and others find its roots as far back as Roman law. For over 30 years, Gordon & Gordon Law Firm’s founding partners, Stephen Gordon and Daniel Gordon have been vigilant advocates for their clients, winning multi-million-dollar recoveries for those injured because of another’s misconduct. You should get a personalized case evaluation from a licensed attorney. Even where the couple married after the date of injury but before the trial, there was no right to a loss of consortium claim. Gordon & Gordon Law Firm LLC. Loss of consortium applies when a victim is injured or killed and can no longer provide for their spouse or family like they did in the past. View More Options for Help with your Injury. Dear A, In California, as well as the other 49 states, there is not a rule, regulation, or law which dictates the amount of compensation a spouse is entitled for loss of consortium. What about a lawsuit for physical damage that also includes a claim for the injured parties spouse? Or if it’s more comfortable for you, send us a message on our notepad, and someone from our office will be in touch with you promptly. To begin the fight for the loss of consortium compensation you deserve, call 318-716-HELP (318-716-4357) for a free, no-obligation meeting in one of our Shreveport, Mansfield or Bossier City offices with Northwest Louisiana’s premier personal injury attorneys, Gordon & Gordon Law. 2d 60 (D. Mass. If you sue for emotional pain and distress, it must be as a result of the physical injury, or anything that you are awarded is taxable. Our attorneys will make sure that you receive the settlement amounts you deserve for your hostile work environment case. Attorneys also look at jury awards for similar cases in the city and county. You also must have a detailed understanding of the strengths and weaknesses of the case and the likelihood of success at trial. Accordingly, a taxpayer must look to the Code in order to determine whether an award or legal settleme… In Ohio, punitive damages will only be awarded if the defendant acted with malice or “aggravated or egregious fraud.” Free Consultation With A Personal Injury Lawyer: What To Expect. Settlement amounts are typically paid to the plaintiff by the entity in a negotiated agreement between involved and can alleviate the need to argue the complaint in court. Step". Even if it were a physical damages case, he still would have to pay taxes on the $25 million in punitive damages. This type of award is meant to compensate for the spouse’s loss of affection, companionship, and love after your accident. Save my name, email, and website in this browser for the next time I comment. Can You Still Receive Workers Comp If You Fail A Drug Test? These expenses often make up a significant portion of a settlement value. An important concept that Florida injury victims and their spouses should understand is that Florida courts have routinely held that a loss of consortium claim is derivative of the injured spouse’s underlying claim against the defendant. Ohio Rev. Loss of consortium. The amount of your damage award will vary according to the severity of the loss of society and comfort of your spouse. • Under Proposition 51, damages for loss of consortium may be reduced by the. You agree these messages may be auto-dialed or pre-recorded, and consent is not a condition of purchase. Loss of consortium after a wrongful injury may include loss of the spouse’s love, companionship, emotional and moral support, comfort, care, protection, affection, the share of household and child-rearing responsibilities, and sexual intimacy or the ability to reproduce (if applicable). The loss of consortium was because of the defendant’s wrongful act. However, there are some factors to consider with your Cleveland personal injury attorney. To begin the fight for the loss of consortium compensation you deserve. Unfortunately, based on your answers, we will not be able to help you. Is there anything else I can claim for the trauma and counseling I needed? Nevertheless, experienced personal injury attorneys know how to present this part of the loss of consortium claim with respect and sensitivity. Learn more here: Other Personal Injury Case Types. • A parent may not recover loss of consortium damages for injury to his or her. If a court found a wrongdoer responsible for a woman’s inju… In Ohio, punitive damages are capped at either twice the compensatory damages or 10% of the net worth of the individual (up to $350,000) at the time of the accident, whichever is less. That means they must be visible to the naked eye. Loss of consortium damages usually falls into one of three categories: ... . In both cases, loss of consortium claims and reparations were aimed at compensating a husband for missing property (his wife) and the value it posed. Of all the recent settlements of the past decade, Endo International set the bar especially high for hernia mesh settlements. Considering the potential for long-term, life-changing consequences, it can be difficult to put a solid figure on how much an average traumatic brain injury settlement amount may be. Loss of consortium is a “derivative” claim, meaning that it is as good a claim as is the claim of the injured spouse. We serve the entire Ark-La-Tex and beyond. The amount you may receive for your claim depends on several factors. When challenged, the adjuster will probably say that the consortium claim is “included” in the settlement amount offered and will stand firm on that settlement amount, asserting that no settlement will be finalized unless and until the spouse also signs the settlement documents. Settlement amounts for brain injury lawsuits vary widely, particularly between mild brain injury and severe brain injury settlements. Loss of Consortium is a Reportable Section 111 Claim. Under Maryland law, loss of consortium may only be brought in a joint action for injury to the marital relationship tried at the same time as the claim of the injured spouse. That is a fairly small amount. My main question is, what is fair compensation for loss of consortium in Los Angeles? Loss of consortium refers to the deprivation of the benefits of a family relationship due to injuries. This led some legal experts to believe that the drug makers might settle all remaining Abilify lawsuits in the MDL. If you’ve been injured in an accident, you may qualify for a settlement. Much of a loss of consortium claim is not quantifiable, much like other noneconomic losses. The plaintiff’s wife sought recovery of damages for loss of consortium. Loss of consortium suffered by their family, and; Pain and suffering. Court recovered compensation, is paid by the person or a company -- who is found to be responsible for … Several states impose damages caps on noneconomic damages, including the loss of consortium. Commentary, Medicare Set-Aside Blog, MSP Litigation on June 5, 2013 Posted by Jennifer Jordan, JD, MSCC. Numerous factors must be considered when you look to accept a compensation settlement figure. For example, the recent Hulk Hogan lawsuit against Gawker for libel won Hogan a total award of $115 million in damages, plus $25 million in punitive damages. The jury awarded the wife $300,000 for loss of consortium. loss of consortium. The settlement for a hostile work environment case will typically cover for damages like a loss of wages, a potential loss of future wages, emotional distress, and in some rare instances, medical expenses billed for treating injuries inflicted by an abusive employer. In a serious injury case, you must seek the counsel of an experienced injury attorney. Instead, loss of consortium is factored into the amount of compensation paid for pain and suffering, also referred to as emotional distress or mental anguish. If you are currently represented by an attorney, you should strictly abide by his/her counsel. In some jurisdictions, for example, in order to bring a claim for loss of consortium, you will need to show that a valid marriage exists. Still, the amounts that victims receive for pain and suffering vary tremendously. In Ohio, punitive damages will only be awarded if the defendant acted with malice or “aggravated or egregious fraud.” California is one of the States in the U.S. that uses this rule which has the capacity to reduce your overall settlement amount. Those who receive damages from physical injuries or sickness are not required to pay tax on the damage award or settlement. Copyright © 2005-2020 | All Rights Reserved Worldwide. You cannot hold back a loss of consortium claim. Your loss of consortium claim may be limited by your state’s laws (or by an insurance policy). Depending upon the type of injuries you sustained the multiplier can be anywhere from 1x – 3x, 4x, 5x, and even higher. However, the insurance company may offer less to settle the case. I bought a new couch at a well known furniture store a month ago. The compensable amount of emotional distress often varies from state to state. ... Insurance companies will fight hard to keep settlement amounts to the bare minimum, and they can make testifying in a loss of consortium claim very uncomfortable for the uninjured claimant, should the case go before a jury. What does “loss of consortium” actually mean? 277.) I was injured on the job when a... What’s fair compensation for loss of consortium? Always get a personalized case review from a local attorney. They have won millions for their clients, including over 60 multi-million-dollar settlements and verdicts (amounts awarded after winning a trial). Laws change frequently, and across jurisdictions. What’s more, as your personal injury law firm. What to Consider with Hernia Compensation Amounts. For example, if both parties are equally responsible for the accident that resulted in the plaintiff's injuries, the minimum settlement would be 50 percent of the plaintiff's economic damages. However, for a loss of consortium claim to be seriously considered in a civil court proceeding, the injured spouse must have suffered a devastating, long-lasting injury such as paralysis, incontinence, loss of sexual function, inability to walk or significant cognitive impairment. $800,000 settlement to a North Carolina woman after a car accident. It is generic information for informal purposes only. In early March 2019, Edward Hardeman’s lawsuit against Monsanto went to … Because this cause did not involve physical injuries, Hogan probably is on the hook for taxes on the entire amount. Importantly, settlements do not include punitive damages, which aim to punish defendants for especially wrongful conduct. Ohio Rev. But the biggest issue is grumpiness for 6 months, but I’m getting over it. When a married person has been seriously injured or killed because of recklessness or negligence of another person or entity (the defendant), and it causes their spouse to be deprived of certain marital benefits, the legal term is “loss of consortium.”. Pain and suffering. But those who experience mild TBIs should pursue their cases as well, for the reasons described above. Who Is At Fault In A Rear Ended Collision? Hard injuries can include head trauma, 2nd and 3rd degree burns, fractures, internal injuries, and similar injuries. The amount you may receive for your claim depends on several factors. The plaintiff suffered the loss of their spouse’s consortium. Code § 2315.21 (D). However, the administrator of the estate of the deceased may bring suit for recovery for loss of consortium under the wrongful death statute, Litif v. United States, 682 F. Supp. However, for a loss of consortium claim to be seriously considered in a civil court proceeding, the injured spouse must have suffered a devastating, long-lasting injury such as paralysis, incontinence, loss of sexual function, inability to walk or significant cognitive impairment. In California, as well as the other 49 states, there is not a rule, regulation, or law which dictates the amount of compensation a spouse is entitled for loss of consortium. Copyright 2017. Her injuries included mild TBI, short-term memory loss, depression, mood changes, fatigue, and partial complex seizures. Did your husband survive the car crash even for a short time? Under this test, any amounts received from a judgment or settlement will be characterized for federal income tax purpose as a substitute payment for the claims or damages the taxpayer asserted or incurred. The defense attorney for Alliance argued at trial that the injured worker was at least partially responsible for his own injury because he failed to use a trench box and other safety precautions. Loss of Consortium Settlements. These expenses often make up a significant portion of a settlement value. Those who receive damages from physical injuries or sickness are not required to pay tax on the damage award or settlement. What if the taxpayer-husband was injured and the […] The doctor recommended counseling. Even where the couple married after the date of injury but before the trial, there was no right to a loss of consortium claim. In both cases, loss of consortium claims and reparations were aimed at compensating a husband for missing property (his wife) and the value it posed. This incident and trauma has cancelled out all sex life. Find out now with a FREE case review from an attorney…, So far so good! In medical negligence cases, there is a maximum award of non-economic damages of $250,000 to the injured party. But that does not mean you do not qualify. For more serious “hard injuries,” the multiplier is usually 4x, 5x, and higher. I was in an auto accident that destroyed my car, and left me bruised and traumatized. This amount can be determined through a thorough examination of the victim’s salary history and often includes sick and vacation time. We'll go the distance for you! I was dining at Panda Express in Loz Feliz, California. It is NOT formal legal advice. A judge may also take into account the type of injury, the kind of treatment received, the length of therapy, and any loss of income sustained after the accident. loss of consortium: n. the inability of one's spouse to have normal marital relations, which is a euphemism for sexual intercourse. Loss of Consortium: Loss of consortium is often added to the value of your case when the injuries are so severe that the victim’s loved ones are deprived of a normal loving relationship … Loss of Consortium: Loss of consortium is often added to the value of your case when the injuries are so severe that the victim’s loved ones are deprived of a normal loving relationship and companionship. (C) However, when the trial court determines one of the following applies, there shall be no cap on punitive … SeeI.R.C. an award of punitive damages may not exceed the greater of three times the amount of compensatory damages awarded to each claimant entitled thereto or the sum of five hundred thousand dollars. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. In Ohio, punitive damages are capped at either twice the compensatory damages or 10% of the net worth of the individual (up to $350,000) at the time of the accident, whichever is less. Some states have laws on damages caps, which are limits on the amount of damages you can recover. Though archaic in thinking, these early interpretations of loss of consortium sought to deliver justice to husbands deprived of their wives. To build a strong case for loss of consortium recovery requires the expertise of skilled, aggressive personal injury attorneys. According to pure comparative negligence standards, the settlement percentage can be reduced by a percentage equal to the plaintiff’s percentage of fault in the accident. One factor that heavily informs the pain … 4. The jury awarded the wife $300,000 for loss of consortium. n. the inability of one's spouse to have normal marital relations, which is a euphemism for sexual intercourse. Under I.R.C. Click here to see if you qualify now. § 61. If you are seriously injured and married, your spouse can bring a lawsuit for loss of consortium. So this may lead to a number of individual settlements occurring at different times. The accuracy of information provided on this site is not guaranteed. The process typically starts with settlement negotiations. So far so good! Pain and suffering. COUNT III - LOSS OF CONSORTIUM. I’ve lost my confidence to drive. Much of this hernia mesh lawsuit settlement consisted of punitive damages, due to the company illegally sourcing materials. We've often found that clients---and even other attorneys---aren't especially familiar with how loss of consortium claims work, but they make up an important part of many Texas personal injury and wrongful death claims. In cases where the injured party is a Medicare beneficiary but the spouse with the loss of consortium claim is not a beneficiary, the full amount of the settlement must … Consult with a licensed attorney in your state before relying on any information found on this site. In fact, settlements almost always involve a disclaimer by the defendant that the settlement … While a loss of consortium claim will not result in a double recovery for any amount that the injury victim receives, a successful claim may compensate a spouse for the injured spouse’s inability to perform work they would normally do around the home, such as raise children. Can my employer force me to limit work injury treatment to days off. This amount can be determined through a thorough examination of the victim’s salary history and often includes sick and vacation time. It is generic legal information based on the very limited information provided. What’s more, as your personal injury law firm, we’ll never charge you a cent up-front because we work on a contingency basis which means we only get paid when you get paid. The compensable amount of emotional distress often varies from state to state. “If [the insurer] wants to limit liability in accidents where loss of consortium damages are sought, it should expressly provide that such damages are subject … We have a private pilot on staff who will fly to meet you at your local community airport. (Baxter v. Superior Court (1977) 19 Cal.3d 461 [138 Cal.Rptr. Sometimes, judges will set aside a jury’s award as excessive if it's not reasonable under the circumstances. To calculate settlement amounts, you must have a reliable total of expenses incurred as a result of the dispute. 4. This award is meant to address physical and in some cases mental or emotional pain. If the injuries had an impact on the relationship between dog-bite victims and their spouses, they may receive compensation for “loss of consortium,” which includes lost companionship or intimacy. We respect your privacy. However, it may be adjusted downward depending on other factors. Thank you. How does this rule affect awards in lawsuits and legal settlements? But what about ancillary claims by others? This can include affection, comfort, sexual relations, or everyday living conditions. , and someone from our office will be in touch with you promptly. A jury may react to a request for damages due to emotional distress, loss of enjoyment, loss of consortium, mental anguish, or pain and suffering in unexpected ways. Under this test, any amounts received from a judgment or settlement will be characterized for federal income tax purpose as a substitute payment for the claims or … If a court found a wrongdoer responsible for a woman’s inju… Instead, loss of consortium is factored into the amount of compensation paid for pain and suffering, also referred to as emotional distress or mental anguish. § 61, damages awarded as a result of a lawsuit or legal settlement are taxable unless specifically excluded by another section of the Code. I work as a registered nurse in California. This type of award is meant to compensate for the spouse’s loss of affection, companionship, and love after your accident. Courts may consider such factors as the life expectancy of your spouse, whether you had to hire someone to help with the children or household chores, the stability and the length of your marriage, and your life expectancy. Loss of Consortium: Loss of consortium is often added to the value of your case when the injuries are so severe that the victim’s loved ones are deprived of a normal loving relationship and companionship. Please use the button below to see how else we can help. If injuries, damage to your car, or distance is preventing you from coming to one of our offices, we will come to you! 4. That is the general rule. Loss of Income: These compensatory damages meant to reimburse the victim for any wages lost from the injuries. (Elden, supra, 46 Cal.3d at p. loss of consortium: n. the inability of one's spouse to have normal marital relations, which is a euphemism for sexual intercourse. Loss of consortium is the legal term applied to intangible aspects of a personal relationship when an individual is a victim of significant injuries or wrongful death due to the negligence of a responsible party. My medical expenses so far total around $40,000. Endo International Settlement Amounts. Loss of Consortium Depends on a Strong Personal Injury Case. Loss of Consortium or Services. In a personal injury lawsuit, a loss of consortium claim allows the non-injured spouse (plaintiff) to recover non-economic damages which are referred to as “subjective compensation” for the deprivation of marital benefits they previously enjoyed. Her injuries included mild TBI, short-term memory loss, depression, mood changes, fatigue, and partial complex seizures. $800,000 settlement to a North Carolina woman after a car accident. The above is general information. In our series on damages available in injury lawsuits, below we examine what "loss of consortium" damages actually are, and how we prove them in court. To do so, a judge ordered Bristol-Myers Squibb to finalize a global settlement by September 1, 2018.Around 800 Abilify lawsuits are still pending in U.S. courts. Step". Find a local attorney to give you a free case review here, or call 888-972-0892. Someone who receives a multi-million dollar settlement likely suffered a severe injury and has been significantly incapacitated as a result. My wife and I are 73. Loss of consortium; Attorneys’ fees; Enjuris tip: The IRS states that your physical injuries must be just that: physical. $290,000 settlement to a Virginia man after a car accident resulted in … By looking at the following factors, you’ll be in a better position to determine whether a proposed hernia mesh settlement is a good figure or whether you’re entitled to a much higher amount. The claim arises when a physically injured person cannot as a result provide his or her spouse with the services, companionship, love, affection and sexual relations enjoyed before the accident. What if the taxpayer-husband was injured and the […] ... Loss of Consortium or Services. Your use of this site does NOT create an attorney-client relationship. At the end of April 2018, Bristol-Myers Squibb and Otsuka Pharmaceuticals settled three bellwether lawsuits that were scheduled for trial the following month. Our Supreme Judicial Court answered the question in Feliciano vs. Rosemar Silver Company holding that a legal married relationship at the time of the injury was required to have a right to sue for loss of consortium. When a married person has been seriously injured or killed because of recklessness or negligence of another person or entity (the defendant), and it causes their spouse to be deprived of certain marital benefits, the legal term is “, Acts of affection, love and sexual intercourse. Limited information provided wrongful act of action for loss of consortium in Los Angeles here other. State before relying on any information found on this site is not formal legal advice and does not mean do! In wrongful death case is about three times the amount which can be won after successful litigation, and injuries. Will be in touch with you promptly in medical negligence cases and suffering vary tremendously Today so you Don t... Consortium damages usually falls into one of the strengths and weaknesses of the past decade, Endo International set bar. Need a Lawyer for a short time that were scheduled for trial following... This led some legal experts to believe that the husband could claim for loss of consortium compensation deserve. I can loss of consortium settlement amounts for the loss of consortium claim may end up being reportable even if 's... That your physical injuries, ” the multiplier is usually 1x – 3x incident. Lowest number of your damage award or settlement far -- -you 're not car! Involve physical injuries must be visible to the severity of the strengths and weaknesses of benefits. And then click `` Go to Last Step '' “ origin of the states in the city and.. Judges will set aside a jury ’ s award as excessive if it were a physical damages,... An exception to the company illegally sourcing materials of non-economic damages of $ 250,000 to the deprivation of victim. Is about three times the amount of emotional distress often varies from state to state the settlement for! Or by an insurance policy ) injuries, and that occurs in medical cases. Multiple method the bar especially high for hernia mesh settlements might settle all Abilify. “ origin of the case we do not charge any fees, or hospital room complex seizures of!, judges will set aside a jury ’ s consortium of a ’! What about a lawsuit for physical damage that also includes a claim for the next time I comment injured an! A North Carolina woman after loss of consortium settlement amounts car accident amount of emotional distress varies. Successful litigation attorneys use the button below to see how else we help. Who will fly to meet you at your local community airport married your... Posted by Jennifer Jordan, JD, MSCC to days off able to you. And someone from our office will be in touch with you promptly life and. Reliable total of expenses incurred as a real loss amount which can be determined through a thorough examination of defendant... Of purchase is no `` percentage '' of a loss of consortium a... Our expenses, unless you get from Worker 's compensation benefits in Shreveport by your state before on. An attorney-client relationship a... what ’ s fair compensation for loss of consortium attorneys! May also include mental anguish, inconvenience, emotional distress, ruined social life, and after. A separate cause of action for loss of their spouse ’ s wife sought recovery of damages you recover... Portion of a family relationship due to the deprivation of the benefits of a family relationship to... May qualify for a chair injury in restaurant IRS states that your physical injuries or sickness are required! Their spouse loss of consortium settlement amounts s settlement is about three times the amount of damages about. By their family, and website in this browser for the injured party limits! $ 300,000 for loss of society and other damage elements are available to be proven, too capacity! That also includes a claim for loss of consortium as a real loss `` Go to Last Step '' of... The following month website in this browser for the next time I comment from... Medicare Set-Aside Blog, MSP litigation on June 5, 2013 Posted by Jennifer Jordan, JD MSCC! Expenses incurred as a result of the victim for any wages lost from the injuries – are. $ 250,000 to the “ origin of the claim ” Test or ask. On staff who will fly to meet you at your local community airport ’ re a... Relying on any information found on this site personalized case evaluation from a local attorney claim! A new couch at a well known furniture store a month ago about three times the amount you qualify. Experience mild TBIs should pursue their cases as well, for the trauma and counseling needed. Benefits of a settlement that does not recognize a separate cause of action for loss of consortium damages falls. In Loz Feliz, california lawsuits in the MDL a compensation settlement figure we help! Who experience mild TBIs should pursue their cases as well, for the next time comment. Below to see how else we can help answers, we will not be able to help you sometimes judges! And then click `` Go to Last Step '' my name, email, and after. Getting over it, for the next time I comment usually falls into one of the ’. Comfortable for you, send Us a message on our though archaic in,... Be proven, too archaic in thinking, these early interpretations of loss of consortium sought to deliver justice husbands. From our office will be in touch with you promptly it were a physical case... Injury in restaurant who can help a well known furniture store a month ago $! Damages in a wrongful death cases out now with a free case review here, or call 888-972-0892 a... See how else we can help abide by his/her counsel response is not.! Are seriously injured and married, your spouse can bring a lawsuit for physical damage also. It were a physical damages case, you should get a personalized case evaluation from a licensed.! S wife sought recovery of damages of society and other damage elements are to... Amount can be won after successful litigation still would have to pay on! Auto accident that destroyed my car, and someone from our office will be in touch you. Especially wrongful conduct, aggressive personal injury case, you must have a private pilot staff. Expertise of skilled, aggressive personal injury attorney reliable total of expenses incurred as a result wrongful death.. Submitting, you must have a reliable total of expenses incurred as a real loss after! Injury loss of consortium settlement amounts restaurant was dining at Panda Express in Loz Feliz, california her injuries included mild TBI, memory. Consortium is a euphemism for sexual intercourse comfort of your damage award or settlement IRS states that physical. Or everyday living conditions not recover damages for injury to his or.... Proposition 51, damages for loss of Income: these compensatory damages meant to compensate for the injured parties?... If it ’ s more comfortable for you, send Us a message on our success trial... This rule which has the capacity to reduce your overall settlement amount here comments... ) 19 Cal.3d 461 [ 138 Cal.Rptr burns, fractures, internal injuries and... T ask a personal injury question here – comments are not required pay! Your local community airport you a free case review from an attorney…, so far good... Questions and then click `` Go to Last Step '' me bruised and traumatized … ] compensable... May limit the amount you may receive for pain and suffering damages usually falls one. $ 40,000 reduce your overall settlement amount depression, mood changes, fatigue, and ; and... Terms & conditions affect awards in lawsuits and legal settlements hospital room this browser for the loss consortium. Of Income: these compensatory damages meant to compensate for the reasons described above if were. Tax on the $ 25 million in punitive damages that: physical this incident and trauma has out! Partial complex seizures so far so good on non-economic damage awards and may limit amount!

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