It’s unimaginable when someone you love suffers serious injuries from someone else’s actions.
It’s even more devastating when a loved one loses their life due to someone else’s negligent conduct.
Your world stops, and everything you have lost becomes painfully apparent as you attempt to move forward.
With so much at stake, pursuing a lawsuit without the help of an experienced personal injury attorney is extremely difficult. In these situations, you may have a claim for loss of consortium.
What Is a Loss of Consortium Claim?
Unlike a personal injury lawsuit, a loss of consortium claim is not brought by the injured victim but by a close family member, such as a spouse. Spouses make the majority of loss of consortium claims. A loss of consortium claim arises when someone suffers injuries due to a third party’s negligent or intentional act. Those injuries deprive their spouse of moral support, companionship, affection, or sexual relations.
Loss of consortium examples revolve around what a loved one can no longer provide due to an injury. For instance, a husband suffers serious injuries in a car accident. The injuries cause severe brain damage, leaving the husband in a permanent condition requiring around-the-clock medical care. His wife may claim loss of consortium for the loss of their prior relationship, including the affection and companionship given by the husband before the accident.
Loss of consortium claims are not brought alone but are included as part of a personal injury lawsuit, typically by the spouse. Succeeding in a loss of consortium claim hinges on the success of the personal injury lawsuit.
How Do You Prove a Loss of Consortium Claim?
The spouse of an injured victim may file a claim for loss of consortium in addition to the injured party’s claim for personal injury compensation. Similarly, the spouse of an injured victim may also file this type of claim in wrongful death lawsuits where their spouse died due to injuries suffered.
To recover, the spouse must prove the following:
- A valid legal marriage existed at the time of the injury or wrongful death.
- The spouse was wrongfully injured due to someone else’s negligence or intentional act.
- The spouse must detail how their relationship changed due to the loss of consortium. This part of proving loss of consortium can be challenging, especially in a time of grieving. For example, the spouse must show such things as how they suffered a loss of affection, companionship, and moral support due to their spouse’s injuries or death.
- An analysis of the life expectancies of each spouse helps determine the value of the loss of consortium claim.
- The injury or death caused the spouse’s loss of consortium claim.
Recovery for these claims provides a surviving spouse’s much-needed financial support to heal from their loss and adjust to a new way of life. Due to their complexity, one should never pursue these claims without the legal assistance of a qualified personal injury attorney.
What Are Loss of Consortium Damages?
Loss of consortium damages include financial compensation for various losses you experience due to the affect on you of the injuries sustained by your loved one. For example, a spouse may have been able to perform all sorts of household tasks, like caring for the kids, doing household chores, running errands, and making repairs. But after an accident, the injured spouse can no longer do these tasks.
That loss of the duties and services once offered by the injured spouse is one type of damages that you could receive compensation for in a loss of consortium claim. Other damages might include financial compensation for your loss of companionship from an injured spouse, and for your loss of physical affection that an injured spouse is able to offer you.
Contact Us for a Free Consultation
Since 1995, McCormick & Murphy, P.C., has recovered millions of dollars for our clients. Our 50 years of combined legal experience means we know how to effectively present a loss of consortium claim to an insurance company or in a trial before a jury.
Loss of consortium claims represents a substantial and vital part of any personal injury lawsuit. We understand what’s at stake. As you concentrate on your family and healing from your experience, our team works tirelessly to achieve your desired results.