Injured in an accident and wondering what your legal rights are? Have you heard of the term ‘Loss of Consortium’ but need clarification on what it means or how it applies to a personal injury case?
When someone suffers from physical pain due to an accident, there can be more than just physical suffering involved – emotional distress can also take its toll. Loss of Consortium covers the non-economic losses that result from an injury, such as loss of companionship, care, and affection, which are often overlooked when considering damages associated with a personal injury case.
Let’s talk about what Loss of Consortium is and how these claims work in a personal injury lawsuit.
We’ll explore whether spouses or other family members have grounds to bring a claim for Loss of Consortium, who may qualify as eligible claimants, and how courts determine fair compensation awards.
Definition Of Loss Of Consortium
Loss of Consortium is a legal term used in personal injury cases to describe an individual’s loss due to their spouse or partner’s injury. It refers to the deprivation of companionship, affection, and any material services like household chores and childcare, usually provided by a married couple. In addition, it can include physical intimacy if applicable.
For someone to claim loss of consortium, they must be able to prove that their spouse’s injury has caused them specific harm. This means showing evidence that you have suffered an adverse effect on your relationship with the other person you were living with before the accident or incident causing injury.
Elements Of A Loss Of Consortium Claim
A loss of consortium claim typically involves two components: The plaintiff and the defendant. The plaintiff is usually the injured party, while the defendant has caused them harm or injury in some way.
The other element of a loss of consortium claim relates to how the injuries have impacted the relationship between the two individuals. Examples include an inability for one person to provide care or companionship to their partner due to a physical disability or emotional distress from the incident.
In this case, it may be necessary for a third-party caregiver to provide services that a spouse or family member would otherwise provide.
How Loss Of Consortium Affects A Personal Injury Case
The third step to understanding loss of consortium is how it affects the proceedings. Loss of consortium can be an emotionally devastating component of an injury, as it damages one or both spouses’ ability to:
- Communicate
- Express love and affection
- Provide companionship
- Engage in sexual relations with each other
As such, this component may significantly influence the suit’s outcome and settlement amount.
In many cases, determining liability for losses related to emotional stress requires proof that someone else’s actions caused the loss. To receive compensation for these losses, plaintiffs must show that their injuries resulted from another party breaching a duty owed to them.
The court will consider several factors when evaluating whether the plaintiff has adequately proved emotional distress before awarding any damages associated with loss of consortium.
Recoverable Damages
Damages for loss of consortium in a personal injury case are typically available to the spouse or partner of an injured person. Such damages seek to compensate them for their emotional distress and anguish caused by the victim’s injuries and any other losses suffered due to the diminished relationship with the injured party. It includes compensation for lost companionship, love, affection, comfort, society, and sexual relations.
The amount awarded will depend on how much pain and suffering the non-injured partner has gone through due to their loved one’s injuries. To be eligible for such damages, you must prove that there was indeed a loving marital or family relationship between the parties before the injury.
Further proof of this could come from testimony from family members who can attest to this close bond shared between the two partners before the accident. Thus, you should present sufficient evidence proving your connection with the injured party before claiming the loss of consortium damages resulting from a personal injury case.
Conclusion
Loss of consortium is an important factor in many personal injury cases. This type of claim allows the injured person’s spouse to receive compensation for losses suffered due to their partner’s injuries.
A valid claim for loss of consortium includes elements such as physical and emotional effects on a marital relationship. Loss of consortium affects personal injury cases by allowing spouses to seek damages from those responsible for their partners’ harm.
