When an individual is severely injured, the injury not only affects that person, it also creates great financial and emotional stress for that person’s family. Income is drastically reduced or may even stop altogether. Childcare responsibilities fall on one parent’s shoulders. Household chores become one person’s obligation. In short, an injury can not only be catastrophic for the injured person, it also can also wreak havoc on their entire family. One unfortunate accident can effectively derail a family’s day to day life.
What are the elements of a Loss of Consortium claim brought by a spouse?
Typically courts will consider the following factors in a loss of consortium claim:
Loss of love, companionship, and affection;
Impairment of sexual relations between the parties;
Loss of financial support; and
Loss of aid and assistance.
What is my Loss of Consortium Claim Worth?
This is a fact specific question which will be unique for each case. Many questions will be asked of the spouses to determine the value of the loss of consortium claim. What activities did the married persons participate in prior to the accident? Were “date nights” a common event? What activities did the couple participate in together before and after the accident? Were the married persons sexually active prior to the accident? Were they sexually active after the accident?
Clearly, the injuries and the marital relationship will need be thoroughly evaluated to determine how much the loss of consortium claim will be worth. Generally, the more stress and strain put on the non-injured spouse, the higher the loss of consortium claim will be in the case .
If your spouse was injured, you should have a comprehensive and in-depth discussion with an experienced personal injury attorney to discuss the loss of consortium claim and what it is worth.
