Personal Injury Law

Loss of Consortium Claims in a Personal Injury Case

Key Takeaways:

  • A claim for loss of consortium can be filed by the spouse of the injury victim to recover damages.
  • Damages in a loss of consortium claim can include loss of support, loss of companionship, and loss of intimate relations.
  • When a child dies in an accident, the surviving parents may be able to recover damages in a filial loss of consortium claim.

Losses for medical expenses, lost income, and property damage can be pretty clear in a personal injury claim. You can show copies of bills, pay stubs, and out-of-pocket expense receipts to show the financial losses. Other damages are not as clear, including non-economic damages. Loss of consortium is one of the types of non-economic damages for which injured people and their families can recover.

Loss of consortium is a claim made by the injury victim’s family member or spouse for the losses caused by the injury accident. Loss of consortium claims are complex, and the insurance company may fight back to try not to pay for these losses. If a loved one was injured in an injury accident, talk to a personal injury lawyer about what damages you can recover.

What Is Loss of Consortium?

In a personal injury case, you can claim compensation for damages and losses. However, a loss of consortium claim is for the injury victim’s spouse or family member. Loss of consortium can refer to losses between the injured party and their spouse, including:

  • Loss of companionship
  • Loss of support
  • Loss of the sexual relationship
  • Loss of services
  • Loss of affection

The most common damages in a medical malpractice case are economic damages. This includes lost income, medical bills, and property damage. Non-economic damages can be more challenging to prove. Non-economic damages can include pain and suffering and mental distress. Loss of consortium is a separate claim that falls under non-economic damages.

A severe injury accident takes its toll on the injured person. The family may also suffer after a loved one suffers a severe injury. If your spouse suffers a brain injury, they may not be able to communicate with you, earn an income, do household chores, support the children, or participate in intimate relations.

Who Can File a Loss of Consortium Claim in a Personal Injury Lawsuit?

Only certain parties can file a loss of consortium case. People in a close and supportive relationship can share the damage from an injury accident. Generally, loss of consortium cases are limited to:

  • Spouses or domestic partners
  • Parent/child relationships

Married Partner Loss of Consortium Claims

When a couple gets married, they enter into a partnership to support each other in times of need. After an injury accident, the uninjured spouse may have to take on more responsibilities for the family. The non-injured spouse may also lose some of the benefits of the marital relationship, including loss of services and sexual relations.

In most states, the couple has to be legally married for the spouse to have a loss of consortium claim. The couple also has married before the injury accident, with some exceptions. This means you can wait until a dating partner suffers an injury accident and then marry them to get a loss of consortium claim.

The traditional rule was that the person claiming loss of consortium had to be married to the injured victim. However, some states may recognize a claim for long-term partners, even if they were not formally married.

Parent and Child Loss of Consortium

Parents and children also have a special relationship that can suffer when a child dies in an injury accident. If a child dies in an accident, the parents may be able to file a filial loss of consortium claim. In most states, you can only file a loss of consortium for fatal accidents. If the child suffers non-fatal physical injuries, the parents may not have a claim for filial loss of consortium.

How Do You Prove Loss of Consortium Damages?

Proving a loss of consortium claim usually involves proving the personal injury claim. The spouse can then seek loss of consortium damages for harm done to the marital relationship. Different factors can impact how much a spouse may be able to recover in loss of consortium losses, including:

  • Length of the marriage
  • Nature and scope of the current marital relationship
  • Children in the relationship
  • How the couple spends time together
  • Life expectancy

Can a Personal Injury Lawyer Help Recover Damages for Loss of Consortium?

An experienced personal injury lawyer can explain loss of consortium damages and your legal options to recover compensation. An attorney can help you explore if you may have a claim for damages and how much you can recover.

A lawyer can also negotiate with the insurance company to ensure you get compensation for all your losses after an injury accident. Talk to an experienced personal injury attorney for more information about loss of consortium.

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