When an accident occurs as a result of one party's negligence, the injured party may have the right to various types of compensation.. one such type is known as loss of consortium.

What is Loss of Consortium?

Simply put, loss of consortium is a claim for damages in a personal injury lawsuit brought by the spouse or in some cases, an immediate family member, of the individual injured as a result of another party's negligence. When an individual suffers a severe injury or passes away due to another party's negligence, these interpersonal facets of the relationship can be lost or diminished, even though they do not have a direct monetary price tag. Loss of consortium is intended to compensate the loved ones of a deceased or injured victim for the absence of the care, affection, companionship, emotional support, or intimacy the victim is no longer able to provide because of the harm caused by the accident.

How is Loss of Consortium Proven and Calculated?

Because loss of consortium deals with intangible aspects of a relationship, it can be challenging to prove. Generally, the following elements may need to be demonstrated:

1. A Valid Relationship: Most often, this refers to a legally recognized marriage. In jurisdictions that allow children or other relatives to file a claim, proof of the family relationship (e.g., birth certificate, guardianship documents, or evidence of a parent-child bond) may be required.

2. Negligent or Wrongful Conduct: The underlying accident or incident must have been caused by another party's negligent, reckless, or wrongful behavior.

3. Significant Injury or Death: The injury to the victim must be serious enough that it substantially affects the family relationship, or the victim died as a result of those injuries.

4. Impact on the Relationship: The spouse or family member must show how the injury or death has deprived them of the emotional, physical, or practical benefits of their relationship with the victim.

Loss of consortium addresses non-economic damages, meaning they do not have a readily measurable monetary value. Instead, these damages attempt to compensate for:

• Emotional Support: The lost ability of the victim to provide comfort, love, and companionship.

• Affection and Intimacy: The breakdown of emotional closeness, sexual intimacy, and romantic partnership that once existed.

• Guidance and Assistance: In cases involving a parent-child relationship, it can also involve the loss of a parent's guidance, presence at key milestones, and day-to-day support.

Because loss of consortium is inherently subjective and emotional, judges and juries often have significant discretion in deciding how much to award. They may look at various factors, such as the closeness of the relationship, the severity and permanence of the injury, the victim's life expectancy, and the level of care the victim or surviving family member provided to one another.

Courts are typically careful to differentiate the genuine emotional and relational harm from general sadness or inconvenience. A successful loss of consortium claim usually requires strong evidence—such as testimonials, counseling records, or other documentation—showing a demonstrable shift in the family's quality of life.

Important Things to Consider Before Filing for Loss of Consortium

When thinking about filing a loss of consortium claim, it's important to understand the potential personal and legal implications:

1. Exposure of Personal Details
   Because loss of consortium focuses on how a spouse's injury has altered the dynamics of your relationship, you may be required to discuss highly personal and private aspects of your marriage. These details could become part of a deposition or even be presented at trial, which can be uncomfortable and invasive.

2. Preexisting Strains in the Relationship
   If you and your spouse were already experiencing challenges before the accident, a loss of consortium claim may bring these issues into the spotlight. Defense attorneys often scrutinize prior difficulties—such as a history of counseling, separation, or limited emotional connection—to question whether the injury itself is the primary cause of any diminished affection or companionship.

3. The Need for Legal Counsel
   Given the emotionally charged nature of these claims, as well as the potential for private details to be aired, it is wise to talk through all of your concerns with a knowledgeable personal injury lawyer. They can help you weigh the benefits and drawbacks of pursuing this claim, evaluate the strength of your case, and guide you through the complexities of the legal process. Ultimately, this ensures that you make a fully informed decision about whether or not to move forward.