Loss of Consortium Claims

June 20, 2023 | Laws,Personal Injury

When that person sustains a catastrophic or fatal injury, this can have a profound impact on family members. When a personal injury or wrongful death claim is filed, if the individual was harmed due to the negligence of another, the victim or family members may be able to recover something called “loss of consortium damages.”

We strongly recommend that you reach out to a skilled personal injury in Martinsburg, West Virginia who has experience handling these complex claims.

What is Loss of Consortium?

Information provided by the Legal Information Institute at Cornell Law School defines a loss of consortium as the “Deprivation of the benefits of a family relationship” caused by an injury to the loved one. This can include deprivation of affection or sexual relations as well as a loss of companionship, comfort, support, and services they provided prior to the incident.

You will often hear of loss of consortium damages being awarded as a result of a wrongful death claim. These damages are awarded to a spouse or partner of the deceased. However, loss of consortium damages are not relegated only to wrongful death claims.

Loss of consortium damages could also be awarded to family members or a spouse for injuries that significantly affect the injury victim. For example, individuals who sustain catastrophic brain injuries or spinal cord injuries will often incur significant disabilities, either physical or cognitive. These disabilities can affect a person’s ability to display affection or engage in sexual relations with their loved one.

How is Loss of Consortium Calculated?

The value of a loss of consortium claim will be included in the overall claim related to the incident. For example, for a personal injury or wrongful death claim, compensation for medical bills, funeral or burial expenses, and other types of economic and non-economic damages are not uncommon. Loss of consortium damages will usually fall under the non-economic damages umbrella.

Calculating loss of consortium damages can be complicated. The value of the claim will be left to the discretion of a jury or a judge, and they will typically provide compensation that they deem fair. In order to prove a loss of consortium claim, there must typically be specific evidence presented in court. This includes:

• There was a valid, legal marriage
• The spouse was wrongfully harmed
• There was a loss of consortium
• The loss of consortium was caused by the injury

There are some factors that can affect how much is awarded for loss of consortium damages. A jury could consider a range of factors, including:

• The stability of the marriage before the incident occurred
• Whether or not there were any changes in the marital relationship after the injury
• The overall expected recovery time
• Whether or not there is a reduced life expectancy for the victim
• Contributions the injury victim or deceased made to the household before the incident
• The victim’s financial contributions to the marriage and household

Working With an Attorney

We strongly encourage you to work with a skilled personal injury or wrongful death lawyer if you believe you are owed loss of consortium damages after the injury or death of a loved one. These claims can be challenging, and loss of consortium will need to fall into the overall lawsuit against the at-fault party. Your lawyer can handle every aspect of this process on your behalf so you can focus on your family.