Loss of consortium is a legal claim for the loss of a loved one’s relationship after a personal injury or wrongful death. Loss of consortium claims seek monetary damages when an injured party can no longer provide affection, comfort, companionship, or a sexual relationship.
You may qualify for loss of consortium benefits in a personal injury or wrongful death lawsuit if your loved one suffered a severe or fatal injury due to someone else’s negligence. The personal injury attorneys at Marks & Harrison are ready to tackle your loss of consortium claims and help you pursue other recoverable damages.
Contact us now for a free consultation about your legal options.
What Are Examples of Loss of Consortium?
Loss of consortium can refer to the loss of sexual intimacy with a spouse, but it can also refer to much more. If you suddenly lost your husband, wife, or partner, there are many aspects of the relationship you would mourn. In addition to a physical relationship, loss of consortium may include the loss of your loved one’s:
- Affection
- Comfort
- Companionship
- Guidance
- Love
- Protection
What Is Necessary to Prove a Loss of Consortium Claim?
To prove a loss of consortium claim, you must first establish that another party’s negligent actions caused your loved one’s injury or death. You must also prove that the injury or death caused you to suffer demonstrable losses.
A party is negligent if they behaved in a way most others would not find reasonable or appropriate, and their actions caused your loved one’s accident and injury. Proving negligence in a wrongful death or personal injury claim requires evidence, including photos, videos, information from police reports, medical records, eyewitness statements, and expert testimony.
Once you establish an at-fault party is responsible, you can prove you deserve compensation for loss of consortium by showing that, before injury or death:
- You and the injured party shared a loving, stable relationship
- You and the injured party lived together
- You received care and companionship from the injured party
- The injured party was involved in child-rearing and household management
Who May Bring a Claim for Loss of Consortium?
Family members can bring a loss of consortium claim if their loved one was fatally injured or was so severely injured that it significantly affects their relationship.
Previously, laws limited a loss of consortium claim to the injured party’s spouse. Such claims primarily addressed the loss of sexual relations and the ability to have children. Many states have amended the laws to grant domestic partners the right to bring this type of claim.
Additionally, some states allow children to claim loss of consortium. Children may seek damages for the loss of a parental relationship and the loss of a parent’s guidance and affection.
How Are Damages for a Loss of Consortium Claim Calculated?
Loss of consortium is a claim for intangible losses, also called non-economic losses. Unlike medical bills or lost wages, which you can add up, there is no specific dollar amount you can use to calculate this compensation. When valuing loss of consortium, the insurance company or the court will look at factors like the length and strength of the relationship, living arrangements, and the ages of those involved.
In addition to loss of consortium, other non-economic compensation in a personal injury or wrongful death claim may include money for:
- Physical pain and suffering
- Mental anguish
- Emotional distress
- Reduced quality of life
Injured parties or the families of fatally injured loved ones may also pursue economic damages in a wrongful death or personal injury lawsuit. Economic compensation may include:
- Emergency medical treatment
- Hospital and doctor fees
- Rehabilitation and therapy
- Attendant care
- Medical devices and equipment
- Personal property damages
- Current and future lost wages
- Funeral and burial expenses
- Household services
Are There Any Caps on Loss of Consortium Damages?
Some states cap how much money you can recover for non-economic damages, which include loss of consortium and pain and suffering. Our attorneys can tell you if your state’s laws include a cap. Usually, there is no cap for economic losses.
Are There Statutes of Limitations for Loss of Consortium Claims?
Yes., there are statutes of limitations or deadlines for filing loss of consortium claims. These laws limit the amount of time an injured party has to bring a lawsuit against the party that harmed their loved one.
If the injury occurred in a car accident, slip-and-fall, or another accident that may be covered by liability insurance, you should file your personal injury claim or wrongful death claim with the negligent party’s insurance provider as soon as possible. Acting quickly will allow your lawyer to begin a timely investigation. It will also provide the longest possible window to negotiate a settlement before you must file a lawsuit.
If legal action is necessary, the time limit to seek loss of consortium and other damages will depend on the laws of your state:
- Virginia – The statute of limitations for wrongful death allows two years to file suit, according to Code of Virginia § 8.01-244. Code of Virginia § 8.01-243 allows three years to file a personal injury lawsuit.
- Maryland – Md. Code Cts. & Jud. Proc. § 5-101 sets the statutory limit on most civil cases at three years, including personal injury and wrongful death suits.
- Washington DC – Code of the District of Columbia § 12–310 may give claimants up to 10 years to recover compensation for injuries caused by negligent property conditions. However, the law allows only three years from the date of the ccident for a personal injury lawsuit to be filed against the responsible party.
Contact a Virginia Personal Injury Lawyer
If your loved one suffered a severe or fatal injury, loss of consortium may be a compensable loss in your personal injury case or wrongful death claim. An experienced personal injury attorney with Marks & Harrison can help with your case and advise you whether you’re entitled to seek this kind of compensation.
Since 1911, our law firm has recovered millions of dollars in settlements and verdicts for injured people. Our team of 30 attorneys and over 100 support personnel is here to fight for you. We serve clients in Virginia, Maryland, and Washington DC.
Contact us today for a free consultation. We charge no upfront fees and are not paid unless and until we win your personal injury case.
