Loss of Consortium

You may wonder what a loss of consortium is, and what it has to do with a personal injury claim. According to the law, loss of consortium is when, due to personal injury, you and/or your spouse can no longer engage in activities that would be expected in the relationship. In sum, your relationship has been damaged/eliminated because of the injuries incurred. In a wrongful death claim, even when you did not endure physical injury, as the living spouse you may seek loss of consortium damages. 

Married parties are at an advantage in loss of consortium claims. Generally, the law views marriage as an explicit contract between the two parties to share life, and the associate duties. The injury would then act as an interference with the agreement between the spouses. Although there are similar relationships between non-married parties, the case law usually does not support damages for alternative relationships; however, you may be the exception to the precedent.  

This is a claim for compensatory damages, and is typically valued less than other damage claims. The court will consider the seriousness and premanency of the injury and, its impact on the relationship. Further, the impact on children (particularly young children) is considered, when their parent becomes disabled or passes away, because of an accident. Specific instances of loss of consortium include:

• loss of intimacy 
• inability to perform self-care
• interference with daily activities (ex. shopping, care of children, etc...)
• difficulty traveling, etc...

Beyond physical difficulty, loss of consortium takes into account other significant changes in the relationship, to include:

• Stress caused by: financial burden, increased need for medical care and shift in the ability of the injured party to contribute in the day-to-day responsibilities;
• Frustration experienced by both the injured and the spouse; and
• Helplessness in dynamic change that is often outside of the control of each. Additionally, a complete reliance on the non-injured party for almost everything.

Seeking these damages will require both the spouse and the injured, and quite possibly children, to testify about the loss experienced. If you, or a loved one, were injured and experienced a loss of consortium, don't hesitate to call Attorney T. Morton @ 913.602.7288 today.