Car accidents are a part of life. While some are small fender benders, others can result in severe injuries or even death. When an accident is caused by someone else’s negligence, the consequences can ripple far beyond the injured individual. Families, spouses, and children can all feel the impact, often in profound and life-altering ways. One impact that many people learn about in the aftermath of a serious accident is loss of consortium.
This legal concept allows close family members — most commonly spouses — to seek compensation for the damage done to their relationship as a result of another person’s wrongful conduct. In this article, we’ll explore what loss of consortium means, how to bring a claim, who can file, how damages are assessed, and the vital role a personal injury attorney plays in the process.
What Is Loss of Consortium?
Loss of consortium is a legal term referring to the deprivation of the benefits of a family relationship due to injuries caused by a third party’s negligence or intentional misconduct. These benefits typically include love, affection, companionship, comfort, society, and, in some cases, sexual relations.
In most jurisdictions, loss of consortium claims are considered as non-economic or general damages. Unlike medical bills or lost wages, these losses don’t have a clear dollar amount attached to them. Instead, they speak to the emotional and relational impact the injury has had on the spouse or family member.
Some common effects that may give rise to a loss of consortium claim include:
- Marital strain or breakdown
- Loss of companionship and affection
- Inability to engage in shared activities like walking, traveling, or hobbies
- Diminished sexual relations
- Loss of emotional support
- Loss of the ability to bear children, in some cases
Since it can be difficult to put a monetary value to these types of losses, they’re legally considered non-economic or general damages. This means they’re categorized similarly to pain and suffering.
It’s important to note that loss of consortium is entirely dependent on the success of a personal injury claim. If the injured person is unable to make a successful claim, the spouse cannot recover damages for loss of consortium.
Who Can Bring a Loss of Consortium Claim?
While spouses are the most common claimants in loss of consortium cases, some jurisdictions allow claims by other close family members, depending on state law.
Spousal Claims
The most traditional and widely recognized loss of consortium claims come from spouses or legal domestic partners. These claims are based on the idea that a marital relationship includes certain inherent benefits — emotional intimacy, shared experiences, and sexual relations — that may be lost or diminished when one partner is injured.
Parent-Child Claims
In some states, including Florida, parents may bring loss of consortium claims for the injury or death of a child, and vice versa. These claims typically focus on the loss of love, affection, and companionship, rather than economic support. It’s important to note these are less common and may face higher legal hurdles than spousal claims.
Key Requirements to Prove Loss of Consortium
Establishing a loss of consortium claim in court requires demonstrating that the relationship has been significantly impacted by the injury in question. Generally, four elements must be proven:
A Valid Relationship
You must have a legally recognized relationship with the injured party — usually a marriage or registered domestic partnership. In some cases, parent-child relationships may qualify.
The Injury Was Caused by Negligence or Misconduct
The primary injury to your loved one must have resulted from someone else’s negligence, recklessness, or intentional act. As discussed above, a claim for loss of consortium depends on the success of the injured party’s personal injury case. If that case fails, so does the loss of consortium claim.
The Injury Resulted in a Loss
You must show that the injury directly caused a measurable change in your relationship. For example, if your spouse suffered a traumatic brain injury and is no longer able to communicate, care for children, or participate in your shared life, this may constitute loss of consortium
The Loss Is Substantial and Ongoing
Temporary inconvenience is typically not enough to justify damages. Courts often look for lasting, serious effects that alter the quality or nature of the relationship.
Gathering Evidence for a Loss of Consortium Claim
Because loss of consortium is a non-economic damage, it can be challenging to prove. Courts must rely on subjective accounts, making documentation and testimony especially important. To build a strong case, you may need to provide:
- Medical records outlining the severity of the injury
- Witness testimony from family, friends, or therapists
- Photographs or videos showing lifestyle changes pre- and post-accident
- Diary entries or written correspondence that illustrate the impact
- Expert testimony from mental health professionals or relationship counselors
Judges and juries may also consider:
- The length and stability of the relationship before the injury
- The age and health of both partners
- The extent to which the couple engaged in shared activities
- Any evidence of prior marital difficulties or domestic abuse
Potential Compensation for Loss of Consortium
There is no standard formula for determining compensatory damages in loss of consortium claims, as these damages are inherently subjective. But courts may award monetary compensation based on the emotional and relational toll the injury has taken. Factors that can influence the amount include:
- The permanence of the injury
- The severity of the relationship disruption
- The age and life expectancy of both parties
- The strength of the evidence presented
- Jurisdiction-specific legal caps or limitations
It’s important to note that some states impose caps on non-economic damages, which may limit the total compensation available for loss of consortium. Others may bar these claims entirely if the marriage occurred after the injury took place.
Wrongful Death and Loss of Consortium
In tragic cases where the injured party dies, loss of consortium claims may still apply as part of a wrongful death lawsuit. In these cases, the surviving spouse or family member may be entitled to compensation for the permanent loss of companionship, love, and emotional support.
While wrongful death suits typically include economic damages like funeral costs and loss of future income, loss of consortium represents the deeply personal and emotional aspect of the survivor’s suffering.
How an Attorney Can Help
Pursuing a loss of consortium claim is not something you should attempt alone. The legal, emotional, and evidentiary complexities of these cases make them challenging to navigate without expert guidance.
An experienced personal injury attorney can:
- Ensure the injured party’s underlying claim is successful
- Help you understand your eligibility and the strength of your claim
- Gather critical documentation and witness testimony during discovery
- Represent you during settlement negotiations or in court
- Maximize the total compensation available to your family
In cases of catastrophic injury or wrongful death, having a legal advocate handle the technical aspects of a loss of consortium claim can allow you the time and space to grieve and begin to rebuild your life.
Additional Questions for Loss of Consortium Claims
Navigating a loss of consortium claim can be emotionally overwhelming and legally complex. To help you better understand your rights and what to expect, here are answers to common questions people have when considering this type of claim.
Can I file a loss of consortium claim if I’m not married?
Some states recognize claims from domestic partners or long-term cohabitants, but this varies widely. Marriage or a legally recognized civil union is the most straightforward basis for a loss of consortium claim.
Does my spouse have to win their personal injury case first?
Yes. loss of consortium claims are considered “derivative,” meaning it depends entirely on the success of the underlying personal injury lawsuit. If the court finds that the defendant was not liable, your loss of consortium claim cannot proceed.
How long do I have to file a claim?
Statutes of limitations vary by state. In most cases, the time limit mirrors that of the personal injury claim — often one to three years from the date of injury. Consulting an attorney promptly is essential.
Moving on After a Serious Injury
The aftermath of a serious injury affects more than just the physical body — it can shatter the foundation of close relationships. Whether it’s the loss of a spouse’s companionship, emotional intimacy, or daily support, these damages are real and deserving of recognition.
A loss of consortium claim acknowledges that harm done to one person often extends to their loved ones. If your partner, child, or close family member has suffered serious injury or death due to someone else’s negligence, you may have legal options.
While no amount of money can replace a cherished relationship or lost connection, a successful loss of consortium claim can provide financial support and recognition of the emotional hardship you’ve endured. With the help of a skilled attorney, you can pursue the justice and compensation your family deserves.
Contact Clark Hartpence Law Today for a Free Consultation
If you have been injured in a car accident, meet with an experienced personal injury lawyer to protect your rights and get the compensation you deserve. Contact Clark Hartpence Law today for a free consultation on your case. We are an experienced and knowledgeable legal team ready to support you during a difficult time.
If you or someone you love was involved in an accident, call us at (855) 680-4911 or schedule a free consultation.
Disclaimer: This blog is for informational purposes only and does not create an attorney/client relationship.