Loss of consortium is a claim typically made by the spouse or close family member of a person who has been injured or killed as a result of another party’s negligent or intentional actions. This claim compensates for the loss of love, companionship, comfort, affection, solace, moral support, sexual relations, the ability to have children, and physical assistance in home operation and maintenance.
It recognizes the emotional and intangible elements of a marital or parental relationship that have been compromised or lost due to the victim’s injuries.
Essential Aspects of Loss of Consortium Claims
Eligibility
Generally, only spouses, registered domestic partners, and sometimes children or parents of severely injured or deceased persons can claim loss of consortium.
Provable Relationship
The claimant must prove a legitimate, legally recognized relationship with the injured party.
Impact of Injury
Demonstrating how the victim’s injuries have directly affected the quality and nature of the claimant’s relationship with them.
Components of Loss of Consortium
- Emotional Support: Loss of love, companionship, and comfort that the injured party used to provide.
- Physical Assistance: The practical loss of assistance with household chores and maintenance, which the injured party can no longer perform.
- Intimacy and Affection: Includes the loss of sexual relations and affection, which were integral parts of the relationship.
Calculation of Damages
Calculating damages for consortium loss involves assessing the depth of the relationship and the extent to which the injury affects the non-injured party. There is no precise formula for determining these damages, which are typically subjective and require thorough testimony and sometimes expert witness assessments.
Legal Process for Loss of Consortium Claims
Filing: Loss of consortium claims are usually filed alongside the leading personal injury claim but can be treated separately, depending on state laws.
Evidence: Requires substantial proof, including testimony about the nature of the relationship pre-injury, medical records of the injured, and expert statements on the psychological impact.
Jury Consideration: These claims are often left to the discretion of a jury to evaluate based on the evidence presented during the trial.
Challenges and Considerations
Because these claims involve intangible factors, they are highly subjective and can significantly vary in jury awards. Demonstrating the tangible impact of the injury on the relationship can be complex and often requires emotional testimony and detailed personal disclosure. These claims acknowledge the ripple effects of personal injuries on families, highlighting the broader implications of negligence or intentional harm.
Conclusion
Loss of consortium is a significant and complex component of personal injury law that addresses the profound impact of injuries on the personal lives of both the victims and their families. Understanding and effectively managing these claims requires sensitivity to the individual aspects of the injured party’s relationships and a thorough grasp of legal standards for proving such losses.
