When someone suffers a sudden injury from an accident, the immediate focus often falls on their physical recovery. Then, shortly after, any financial losses. But injuries don’t just affect the injured person—they ripple outwards, often changing the lives of loved ones.
A life-altering injury can disrupt not just the injured person’s daily routine but also the lives of those closest to them—particularly their spouse or immediate family. Relationships that were once alive with connection, support, and intimacy, can suddenly become strained under the weight of physical limitations, emotional distress, and financial uncertainty.
At Hunter | Everage, we recognize how injuries can affect family relationships. Our team is here to guide you through the process of understanding and pursuing loss of consortium claims, ensuring that your family’s voice is heard in your journey toward justice.
What Is a Loss of Consortium Claim?
So, what is loss of consortium? Loss of consortium refers to the deprivation of the benefits of a relationship with a loved one due to injury or wrongful death. In personal injury cases, this usually applies to the spouse of the injured party but can also extend to close family members, like parents or children, in some circumstances.
Essentially, loss of consortium recognizes that the injury not only affects the person physically but also their ability to engage in familial or marital relationships in the same way they could before the incident.
Who Claims Loss of Consortium?
The spouse of the injured person typically makes a loss of consortium claim. However, in some cases, children or parents may also file a claim, particularly if they’ve lost the ability to share a close and meaningful relationship with their loved one due to injury.
Let’s consider some examples:
- A child may claim loss of consortium if a parent’s injury has left them unable to provide the care, guidance, or affection they once did.
- A parent may claim loss of consortium if their child’s injury has fundamentally altered their relationship.
Factors That Influence Loss of Consortium Awards
One of the most significant considerations is the severity and permanence of the injury the injured person sustains. When an injury results in long-term or permanent disability, the effects on the relationship can be profound and enduring, often warranting a higher award.
Another important factor is the quality of the relationship before the injury. Courts may consider the strength and closeness of the relationship to determine the extent of the loss.
A long-term, committed marriage with a history of strong companionship and mutual support will likely receive greater consideration than a relationship of shorter duration or one that lacks significant emotional depth.
The injured person’s age and life expectancy are also important in loss of consortium cases, as younger couples or families may experience longer periods of suffering due to the injury.
Similarly, the duration and extent of the impact on the relationship, whether temporary or permanent, are key considerations.
The court may consider the extent to which the injured person’s condition affects daily life and future prospects. If the injury leads to ongoing emotional distress, limitations in physical intimacy, or significant life changes, they consider the impact on the relationship as more severe.
Proving Loss of Consortium: What Evidence Is Needed?
Proving loss of consortium in a personal injury case can be challenging because it is based on the claimant’s subjective experience.
However, certain types of evidence can help establish the injury’s emotional, physical, and psychological impact on the relationship.
Key pieces of evidence include:
- Testimony From the Injured Party and Their Spouse: The most compelling evidence often comes from the people directly affected. Describing how the injury has altered their relationship can be pivotal in the case.
- Medical Records: Documentation from healthcare providers about the nature of the injury and its consequences can strengthen the claim.
- Witness Statements: Friends, family, and coworkers may be able to provide testimony regarding changes in the injured person’s behavior and the injury’s impact on family life.
- Expert Testimony: In some cases, expert witnesses from, for example, psychologists or therapists, can demonstrate the emotional and psychological effects of the injury on the injured person’s relationships.
Common Scenarios Where Loss of Consortium Is Claimed
Loss of consortium is typically claimed in situations where the injury is severe enough to affect the victim’s ability to participate in normal relationships. Some common scenarios include:
- Serious Car Accidents: Injuries from car crashes can often result in long-term physical or emotional impairments that affect the injured person’s ability to maintain a close relationship with their spouse.
- Workplace Accidents: If a person is injured on the job and is unable to engage in intimate or emotional relationships as before, their spouse may claim loss of consortium.
- Medical Malpractice: When a medical professional’s negligence leads to severe or permanent injury, the victim’s spouse or family may be entitled to compensation for loss of consortium.
- Wrongful Death: If an injury results in the death of a loved one, the surviving spouse or family members may seek damages for the loss of companionship and emotional support.
Contact an Experienced Montgomery Personal Injury Lawyer
A loss of consortium claim acknowledges the emotional and relationship impact a serious injury can have—not just on the person who was injured, but on their closest relationships.
While no amount of money can replace the loss of companionship, intimacy, or support, these claims offer an avenue for families to seek justice and find some measure of relief during an incredibly difficult time.
It’s important to get prompt medical treatment as soon as possible after an injury, even before reaching out to a lawyer. Proper documentation of the injury and its impact on your life and relationships is critical to building a strong loss of consortium case. Once you’ve sought care, we’ll be here to guide you through every step of the legal process.
With more than 35 years of combined experience, our attorneys will fight for the justice and compensation you and your family deserve. We help the struggling, the hard-working, and the little guy—those feeling helpless or desperate in the face of overwhelming circumstances.
As a Black-owned law firm, we take immense pride in serving our community with integrity, compassion, and the relentless pursuit of fairness.
Contact Hunter | Everage at 704-377-9157 for a free consultation. Let us fight for the justice and support your family needs to rebuild after a personal injury or loss.