What Is Loss of Consortium and Do I Have a Claim?

What Is Loss of Consortium?

A loss of consortium is a legal term that refers to the loss of ability or services that would normally be performed by the injured individual but cannot be performed due to injury.

Losses here can range from a decline in income from missed work, to a loss of teaching ability from a parent who homeschools their children. To help clarify, these losses often fall into specific categories:

• Loss of Household Services: The inability to perform daily chores, home maintenance, or repairs that keep a household running smoothly.
• Loss of Affection and Companionship: A reduction in the love, comfort, and sexual intimacy shared between spouses.
• Loss of Parental Guidance: The inability of an injured parent to provide care, discipline, and educational support to their children.
• Loss of Support: The financial or emotional strain placed on the family unit when a member can no longer contribute as they once did.

The important thing to remember about a loss of consortium is that compensation for personal injury is not limited to the individual injured; the injured individual’s larger family circle may have been hurt and deserve compensation as well.

"The injury doesn't stop with the victim; it ripples through the entire family, altering relationships and daily life."

Can I Make a Claim?

The short answer is maybe! A loss of consortium claim is usually reserved for a spouse or a child of the injured individual. If you are a child, spouse, or parent of an individual who was injured, you may have a claim.

Several factors will determine if you are eligible:

• Jurisdiction: Laws vary by state; some allow claims for parents or children, while others strictly limit it to spouses.
• Severity of Injury: These claims are most common in cases involving severe, permanent, or life-altering injuries.
• Relationship Status: You typically must prove a valid legal relationship (like marriage) existed at the time of the injury.

The important thing is to discuss with your attorney. You may be in the position to claim a loss of consortium and not even realize it!

What Happens if you Make a Claim?

A loss of consortium claim brings you into a potential lawsuit. This can be a double-edged sword. On one hand, you can receive the compensation you deserve. This compensation is aimed at addressing damages such as services, society, companionship, comfort, love and solace.

When a loved one is harmed in an accident, it is likely that you were harmed as well. However, making a loss of consortium claim may require that you become involved in a lawsuit. Before proceeding, consider these potential realities:

• Personal Privacy: You may be asked sensitive questions about the private details of your marriage or family life during a deposition.
• Scrutiny: Defense attorneys may scrutinize the stability of your relationship prior to the accident to minimize the claim.
• Time Commitment: Being a plaintiff means you will have to dedicate time to legal proceedings, which can be stressful during recovery.

For some individuals, pursuing a loss of consortium claim is a headache that they don’t want to deal with on top of their loved one’s personal injury.

Fortunately, McKenzie & Snyder is here to help. Our team of attorneys is familiar with all aspects of personal injury law, including the ups and downs of a loss of consortium. When you need a lifeline, call McKenzie & Snyder.

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