What is Loss Of Consortium in an Accident Case?

It is not always simple to obtain compensation for the loss of consortium. In contrast to more apparent losses such as medical expenses and lost wages, the emotional and psychological effects of an injury or wrongful death on a relationship or family can be challenging to demonstrate when filing a compensation claim. However, this does not imply that it is impossible or that you should not attempt it.

What is loss of consortium?

The breakdown of a spousal relationship resulting from a negligently caused event is called loss of consortium. A claim is made not for your spouse's injuries but for the effect of the injuries or death on your marriage.

A loss of consortium is frequently brought as a stand-alone case by the spouse, partner, or family member of someone who has been injured or murdered due to the defendant's negligent or malicious behavior in a personal injury lawsuit.

The idea is that the person injured or died cannot provide the same love, affection, companionship, comfort, social, or sexual connections to their spouse, partner, or family member as before the accident. As a result, the injured person's spouse or a family member may be able to recover those damages.

Typically, these claims are not paid unless the injured person dies or sustains a serious, long-term, or permanent injury. It is critical to remember that in most states of the country, loss of consortium is a separate claim from the victim's injury or wrongful death claim.

How do you establish loss of consortium?

Now that you know what is loss of consortium let's understand how to establish it.

It's challenging to put a monetary value on your grief. So, proving the loss of consortium can be difficult. In addition, investigating your marital history and bringing it to the court's attention may be sensitive for some.

You can prove your claim in various ways, depending on the existing personal injury or wrongful death claim. The evidence from the current claim can then be used to establish the injury and the defendant's negligence. Your marriage license or registration as a domestic partnership can also establish your legal right to this compensation.

The following method is frequently the most challenging aspect of your claim. Because loss of consortium is based on your personal experiences and how the accident affected your and your spouse's relationship, you must provide evidence to prove these elements. One method is to have friends, relatives, doctors, or other parties testify about the nature of your relationship.

How to calculate consortium loss damages?

The goal to file a loss of consortium is to seek compensation for spouses or domestic partners whose relationships have been severely strained due to an injury to their spouse. But how much is a loss of consortium claim worth? Because these losses are difficult to quantify, they get classified as "non-economic" or "generic" damages — the same category as pain and suffering damages.

It suggests that it is a loss for which money is only a poor substitute. General harms include:

• Humiliation and embarrassment, as well as mental suffering.
• Loss of reputation.
• Loss of society and friendship.

These types of losses (and their monetary value) are usually at the discretion of the judge or jury. Because these damages are difficult to quantify, you may need to hire an expert to establish a more specific monetary value for your claim.

Who is Eligible to File a Claim for Loss of Consortium?

Partners and spouses

Previously, only spouses could file a loss of consortium claim. Many states have changed this threshold, allowing domestic partners to sue for loss of consortium as well.

Parents and children

In some states, a child or parent can file a claim for loss of consortium. In such a case, the child or parent would argue that the injured person can no longer provide the same care, nurturing, and love they did before the accident.

In this case, the child or parent would have to demonstrate that the physical harm had permanently harmed the parent-child relationship.

To Conclude:

Many people get confused about what is loss of consortium, and when it is brought. It is typically brought as a separate claim by the spouse or family member of a person who has been injured or killed due to the defendant's negligent or intentional action as part of a personal injury lawsuit.

The idea is that, due to the defendant's actions, the person injured or killed cannot provide the same love, affection, companionship, comfort, society, or sexual relations to their spouse or family before the accident. As a result, the injured person's spouse or a family member has a claim for those losses.

Typically, claims for loss of consortium are not granted unless the injured person dies or sustains a severe, long-term, or permanent injury.