{"id":353078,"date":"2017-03-23T15:50:55","date_gmt":"2017-03-23T20:50:55","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/car-accidents\/how-to-prove-loss-of-consortium-in-a-car-accident-claim.html"},"modified":"2023-08-14T10:48:03","modified_gmt":"2023-08-14T15:48:03","slug":"how-to-prove-loss-of-consortium-in-a-car-accident-claim","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/car-accidents\/how-to-prove-loss-of-consortium-in-a-car-accident-claim.html","title":{"rendered":"How To Prove Loss of Consortium in a Car Accident Claim"},"content":{"rendered":"\n
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How To Prove Loss of Consortium in a Car Accident Claim<\/h1>\n
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\n By Ty McDuffey, J.D.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

One day, you get a call from a hospital informing you that your spouse was in a major car accident. You get to the hospital to find your injured spouse in a coma after suffering a brain injury. Besides feeling devastated, you’re suffering from the loss of your spouse’s support and care. If the other driver was negligent, you may be able to receive compensation for the loss of companionship and affection.<\/p>\r\n

What Is Loss of Consortium?<\/h2>\r\n

Unlike other types of car accident claims<\/a>, loss of consortium is brought by a close family member of the accident victim (a spouse, parent, or child). Although most loss of consortium cases involve a spouse of the injured party, they can also apply to a relationship between parents and children in some cases.<\/p>\r\n

Loss of consortium<\/a> refers to the deprivation of the benefits of married life or parenting, such as the ability to show affection after an accident or injury. The injured party must have sustained serious injuries or died as a result of a car accident.<\/p>\r\n

If the injured party can no longer provide the same love, affection, intimacy, or companionship, the injury victim’s spouse, child, or parent can recover damages for the loss of consortium.<\/p>\r\n

Loss of consortium can also be called "loss of affection" or "loss of companionship." For parents and children, claims can include the loss of parental care. For spouses, loss of consortium also includes deprivation of their sexual relationship.<\/p>\r\n

How To Prove Loss of Consortium<\/h2>\r\n

Loss of consortium is a form of non-economic damages (a component of general damages<\/a>), which refers to intangible damages that are difficult to calculate in monetary values. There’s no clear rule for calculating non-economic damages. However, if the spouse of a car accident victim is claiming loss of consortium, the court will likely consider the following factors<\/a>:<\/p>\r\n