Loss of consortium is a cause of action that may be available to family member of a person who was injured or killed as the result of wrongful acts of another person. Historically, this claim is mainly available to an individual who loses a spouse. However, courts have recently relaxed this requirement and may permit partners to file a lawsuit asserting a claim for loss of consortium. In addition, in some jurisdictions, may allow this claim to be made by a child, or a parent of the loved one.
Who Can Claim Loss of Consortium?
When a plaintiff makes a loss of consortium claim, a spouse (or family member) seeks to recover damages for lack of actions that were provided by the other spouse prior to the injury. These actions can include, but are not limited to, of love, affection, companionship, comfort, or other actions that were provided before the accident occurred. In many cases, damages for a loss of consortium claim may not be awarded unless the loved one has died or endures a severe life-long injury like paralysis, for example.
How is Loss of Consortium Calculated?
Loss of consortium falls under general damages. These are considered non-economic damages and are typically difficult to quantify. This type of claim is largely left to the discretion of a judge or jury. In order to bring this claim to a judge or jury, a plaintiff may have to retain an expert provide a precise monetary value for any loss of consortium claim. The expert may have to assess your marriage or relationship, delving into some private and/or intimate aspects of your marriage.
If you have been injured in any type of accident, you may need the help of an experienced personal injury attorney. Our attorneys have over a combined century of experience dealing with personal injury matters. Call the Law Office of Richard Kenny to get your free consultation today.
