When Can You Sue for Loss of Consortium?

When someone is hurt in an accident, they have the option of suing the person who caused their injuries. For example, you can file a claim with the other driver’s insurance company if you're in a car accident and suffer a back injury. The same is true if suffer an injury due to medical malpractice.

If the defendant’s insurance company refuses to pay your claim, you may have to sue the responsible party directly. As part of your claim, you must demand certain damages, such as medical expenses or pain and suffering.

But what happens if your loved one suffers an injury, and you experience a loss as a result? We’re not referring to medical bills or your spouse’s contribution to the household income. We’re talking about losing a close relationship with your spouse, partner, or close family member.

The legal term for this is “loss of consortium”. Here, we’ll discuss when you can sue for these damages and the factors the courts consider when deciding your case.

What is Loss of Consortium?

Usually, when there’s an accident, the injured person is the one to file suit. In fact, unless you’re a party to the injury, you don’t have legal standing to sue. The exception to this rule is when you’re the non-injured spouse (or close family member) who wants to sue for the loss of companionship you experience when your loved one suffers a personal injury claim.

To recover damages in a loss of consortium lawsuit, you must prove that you can no longer enjoy the benefits of a relationship with your spouse, partner, or close family member. You must also demonstrate that this loss is the direct result of your loved one’s accident or personal injury.

Loss of consortium cases may involve any of the following:

• Loss of intimate relations due to injury victim’s loss of sexual function
• The inability of the injured party to perform household chores
• Loss of support, both physical and emotional support
• Loss of services such as companionship, childcare, and caregiving
• Diminishment of the family relationship
• Damage to the plaintiff’s marital relationship

Remember, the injured victim isn’t always the plaintiff in these cases, although the accident victim can demand loss of consortium damages in their lawsuit.

In most cases, the plaintiff is the spouse. However, many states are extending the right to file loss of consortium cases to other close family members, such as parents and children.

Examples of Loss of Consortium Claims

It may be hard to picture what a loss of consortium case looks like. Sometimes, the best way to demonstrate this is by example.

In one loss of consortium claim, a man suffered burn injuries to his genitals while using a urinal at a fast-food restaurant. He sued the chain for failing to ensure its premises were safe. His wife joined the lawsuit, claiming loss of consortium because her husband's severe injuries prevented them from having sex.

In other cases, parents can sue for loss of consortium after their child suffers an injury. We usually see this when minor children are hurt in an accident. For example, if a child nearly drowns in a neighbor’s pool, the child’s parents may have a claim for loss of consortium.

In any of these cases, the physical injuries must be serious enough to interfere with the normal relationship between the claimant and the injured party.

Proving Loss of Consortium

When half of a married couple files a loss of consortium claim, they must prove that their spousal relationship has changed due to their spouse’s injury.

When deciding your case, the court will consider several factors, including:

• The stability of the marriage
• The couple's life expectancy
• The extent to which the claimant lost their marital benefits

For example, a plaintiff whose spouse suffers a debilitating brain injury will likely lose more marital benefits than a plaintiff whose partner suffered a broken leg.

The damages for loss of consortium depend on the type of personal injury case. Loss of consortium is a form of non-economic damage. Unlike calculable costs like hospital bills, non-economic damages are more abstract and are, therefore, more difficult to prove.

Some states cap the amount of non-economic damages a plaintiff can receive in certain cases. Whether this impacts your claim depends on the specific facts of your case.

Generally, judges and juries determine the amount of damages on a case-by-case basis. An experienced personal injury attorney can give you a better idea of what to expect in your case.

A Personal Injury Attorney Can Help Pursue Your Claim

When filing a personal injury lawsuit, it’s easy to identify your medical bills and lost wages. However, it’s much harder to determine whether you’re entitled to damages for loss of consortium. That’s why meeting with a local personal injury lawyer is a good idea.

Your attorney can evaluate your claim and tell you if it’s worth pursuing. They’ll also help you file your claim and get the compensation you deserve.

Related Resources

• What Are Hedonic Damages? (FindLaw's Law and Daily Life)
• How Much is My Car Accident Case Really Worth? (FindLaw's Law and Daily Life)
• Economic Recovery for Accidents and Injuries (FindLaw’s Learn About the Law)