Loss of consortium is the legal term used to describe the claim made by a physically uninjured spouse in a personal injury case brought by their physically injured mate or on behalf of the estate of a deceased spouse. The claim arises when a person has an accident-related personal injury and as a result, can no longer provide his or her spouse with the services, companionship, love, affection and sexual relations enjoyed before the accident.

Generally, courts will consider the following elements in determining whether a personal injury case can substantiate a loss of consortium claim:

  1. Loss of love and affection;
  2. Loss of society and companionship;
  3. Impairment of sexual relations;
  4. Loss of performance of material services;
  5. Loss of financial support;
  6. Loss of aid and assistance; and
  7. Loss of fidelity.

Examples of loss of consortium claims with a personal injury case:

  • A spouse’s inability to take long walk as the couple enjoyed prior to the accident injury;
  • A spouse’s inability to dance for a couple that once enjoyed dancing regularly;
  • A spouse’s inability to have sexual relations when doing so was a regular occurrence in the marriage prior to the accident injury;
  • An injured spouse’s inability to share in household chores and yard work as was customary prior to being injured;
  • A spouse’s inability to express romantic love or affection due to brain trauma caused by the accident injury.

Does My Personal Injury Case Include a Loss of Consortium?

It is important to note that not every physical injury will result in a loss of consortium or other general damages. These damages are decided on a case by case basis, the major consideration is whether the uninjured spouse has loss a compensable element that was a part of the relationship before the accident injury. To be clear, a spouse’s inability to line dance would not constitute a loss of consortium if the couple never actually went line dancing together. A loss of consortium must be the loss of something that was a part of the relationship prior to the accident injury.

Recovery for a loss of consortium claim can be significant when the physically injured spouse has experienced a devastating, long-lasting personal injury that results in paralysis, incontinence, brain damage, sexual dysfunction or inability to walk.

Our Personal Injury Attorneys Help With Loss of Consortium Claims

If you have been involved in a personal injury and have a loss of consortium claim, please contact the personal injury attorneys at Morris Bart, LLC Attorneys at Law today.  We offer a free case evaluation with our personal injury attorneys, who will review the details of your case and advise you on the best approach to getting the compensation you deserve for your personal injury claim.

April 17, 2013 | Categories: Legal Tips |