What is Loss of Consortium?
When a person is injured by someone else’s negligence, there are a lot of long-term damages that can occur. When we are in a close relationship with a child, parent, or grandparent, there are emotional ties involved. A car crash or other accident can cause long-term physical and mental injuries that can make it difficult for a victim to maintain a relationship. This can cause their loved ones to suffer losses as well. This is called loss of consortium
Loss of consortium refers to the loss of the intangible benefits of a relationship. The law recognizes that severe injury or death of a person, particularly one who is married, would cause great injury to their spouse. A person who suffered certain losses can claim loss of consortium.
When it comes to who can sue for loss of consortium, the law varies from state to state. In Texas, a spouse, parent, or child of an injured person can claim loss of consortium. Siblings, friends, and extended family are prohibited from recovering for loss of consortium. Unmarried couples are also not able to bring a consortium claim, regardless of how long they have been together.
A loss of consortium claim seeks compensation for benefits such as the loss of companionship, affection, and support. Spouses can claim loss of sexual intimacy, while children can claim loss of parental love, care, and protection.
To clarify, consortium includes all of the non-monetary benefits of a relationship. For married couples, this may include companionship, comfort, affection, and love. It also includes certain physical benefits, such as services, shared activities, and sexual relationships. For a parent-child relationship, consortium is limited to the emotional and physical benefits associated with that type of relationship. Note that consortium does not include the tangible financial benefits, such as wages or income.
Determining Losses
Loss of consortium can be more difficult to calculate than economic losses such as medical expenses or lost wages. Various factors may be considered in calculating the value, such as:
- Age and health of the injured party.
- The severity of the injury.
- Long-term consequences of the injury.
- Victim’s financial and household contributions to the marriage or the family.
- Changes in the relationship after the injury.
- Reduced life expectancy of the victim,
Evidence may be needed to prove a loss of consortium claim. This may include testimony from medical experts as well as from family members. An experienced lawyer can help gather evidence to strengthen your claim for loss of consortium.
Contact a Personal Injury Lawyer
When a loved one is seriously injured or killed in a car crash or other type of accident caused by someone else’s negligence, their close family members can recover compensation for various damages.
A Houston car accident attorney from The West Law Office, PLLC can help you understand all the types of damages you can recover compensation for. Let us guide you through the process so you get the most money possible for your injuries. Call (281) 347-3247 or fill out the online form to schedule a consultation.
Source:
law.cornell.edu/wex/loss_of_consortium
