What is Loss of Consortium?
When someone is injured due to an accident, the physical and financial impacts are often the focus of legal action. However, in many cases, the emotional and relational toll on family members, particularly spouses, is just as significant. This is where a loss of consortium claim comes into play.
But what exactly is a loss of consortium claim, and how can it affect a personal injury case? In this blog, we’ll explore what loss of consortium is, who can file such a claim, and how it factors into a personal injury lawsuit.
What is Loss of Consortium?
Loss of consortium is a legal term used to describe the deprivation of the benefits of a relationship due to an injury or wrongful act. Typically, this claim arises in the context of a spouse or partner who has been seriously injured and is no longer able to engage in the same level of physical, emotional, or intimate connection with their significant other.
In simple terms, a loss of consortium claim compensates a family member—usually a spouse or partner—for the negative impact the injury has had on their relationship with the injured person. The loss may be physical, emotional, or even sexual in nature. It can be any kind of relationship loss as a result of the injury.
What Does Loss of Consortium Include?
Loss of consortium can involve several aspects of the relationship that have been disrupted or impaired by the injury. These typically include:
Loss of Companionship
The injured party may no longer be able to participate in activities, hobbies, or social events they once shared with their spouse or family. This loss can cause emotional distress and lead to a significant change in the family dynamic.
Loss of Affection
In some cases, an injury may affect the ability to share physical affection—hugging, kissing, holding hands—which is a key part of a romantic relationship.
Loss of Sexual Intimacy
Injuries can lead to physical limitations that affect a couple’s sexual relationship. This is often a critical part of a loss of consortium claim, especially if the injury has caused a permanent inability to engage in sexual activity.
Loss of Support
Many spouses or partners provide emotional, physical, and even financial support to one another. If one partner becomes injured and requires extensive care, the other spouse may lose the ability to provide or receive the same level of support they once had.
Loss of Services
If the injured spouse can no longer perform everyday tasks, such as household chores or childcare, the non-injured spouse may be forced to pick up those responsibilities or pay for outside help. This may also be a factor in a loss of consortium claim.
Who Can File a Loss of Consortium Claim?
While loss of consortium claims are most commonly filed by the spouse of the injured party, in some cases, other family members might be eligible to file as well, depending on the circumstances and the jurisdiction.
Spouses or Domestic Partners
The most common plaintiff in a loss of consortium claim is the spouse or domestic partner of the injured person. As the primary person affected by the injury to their partner, they are typically entitled to seek compensation for the emotional, physical, and relational damage that the injury has caused.
Parents or Children
In some cases, especially when a person is seriously injured or killed, children or parents may file a loss of consortium claim. For example, if a parent is seriously injured and no longer able to provide care, affection, or financial support to their children, the children may be entitled to compensation. This is less common but can be pursued in certain circumstances.
What Is Required to Prove Loss of Consortium?
To win a loss of consortium claim, the plaintiff (spouse, partner, or sometimes children) must prove several key elements. These elements will vary depending on the jurisdiction, but in general, the following must be established:
Proof of a Valid Personal Injury Claim
The injured party must have a valid personal injury claim. In other words, a loss of consortium claim is only applicable if there is already an injury claim in place, and the injury was caused by the negligence or wrongful actions of another party (e.g., in a car accident, slip and fall, or medical malpractice case).
Impact on the Relationship
The plaintiff must demonstrate that the relationship has been significantly impacted by the injury. This involves proving that the injured person’s condition has caused a decrease in companionship, affection, intimacy, or support.
Evidence of the Injury’s Severity
It must be shown that the injury is serious enough to warrant a loss of consortium claim. This often includes medical evidence detailing the injury’s effects, as well as testimony from the injured party and the plaintiff about how the injury has affected their relationship.
Duration and Permanence of the Impact
To strengthen a loss of consortium claim, the plaintiff may need to show that the impact on the relationship is not temporary but is expected to continue for a long period of time or be permanent. For example, if the injured person is expected to live with permanent disability, the loss of consortium claim may involve a larger compensation amount.
How Is a Loss of Consortium Claim Calculated?
The compensation for a loss of consortium claim can be more difficult to quantify than other types of damages, such as medical bills or lost wages. Since the loss is emotional and relational, courts or insurance companies often rely on subjective criteria to determine how much compensation is appropriate.
Some of the factors that may influence the value of a loss of consortium claim include:
- The severity of the injury: A more severe injury that results in permanent disability or death typically leads to higher compensation.
- The impact on the family: If the injury significantly disrupts the family’s lifestyle, the value of the claim may increase.
- Duration of the loss: Claims for permanent changes to the relationship may result in higher awards than those for temporary impacts.
- The quality of the relationship: Courts may consider the strength of the relationship before the injury. A strong, long-term marriage may result in higher compensation than a shorter, less-established relationship.
Unlike other personal injury claims, loss of consortium claims do not typically involve economic losses, like medical expenses or lost wages. Instead, they focus on the non-economic aspects of the injury, such as emotional pain and the inability to engage in a normal family life.
Loss of Consortium in Wrongful Death Cases
In wrongful death cases, where the injured person dies as a result of their injury, the surviving spouse or family members can file a loss of consortium claim for the loss of love, care, support, and companionship of the deceased. This type of claim may also be filed in cases where the injured person has suffered a catastrophic injury that significantly alters their ability to interact with their family.
Why You Need a Katy Personal Injury Lawyer for Loss of Consortium Claims
Loss of consortium claims are complicated, as they require proving how an injury has affected relationships, which is inherently emotional and subjective. A personal injury lawyer can help:
- Gather medical records, witness testimony, and other evidence that demonstrate the severity of the injury and its impact on family life.
- Work with experts to quantify the emotional and relational damage.
- Advocate for your rights and ensure you receive fair compensation for both your injury and the loss of consortium.
Scott Callahan is board-certified in personal injury law, having seen thousands of these types of claims in his 25 plus years of practice. Give the firm a call today at 713-888-9000 if you believe your injury is affecting your valued relationships.