Loss of Consortium

A claim made by the spouse of the injure person or his/her children

Loss of consortium is a claim made by the spouse or the children of the injured party. The claim is really for loss of companionship and advice.

Notice that this claim is limited to spouses and children. Siblings, friends, and common law unions (union without marriage) are excluded.

The law places value on your relationships with your family, and this is the reason why this type of claim exits. The problem is to “place a monetary value” on the suffering of this relationships. How much does parental guidance cost? Is your loss of consortium worth $10,000 or $1,000,000?

Note: It is the spouse and/or the children that are entitled to the settlement here. The value is in what the children and/or the spouse lost, not in what the injured parent lost (a dad’s ability to teach his son), but the rather the son’s ability to learn from his dad.

Losses of consortium claims are very complicated and there is a lot debate over who should be entitled to make this claim.

Get a great Bodily Injury E-book for more key information

Usually loss of consortium will refer to legally married couples even though there is been a constant battle in different legislatures around the country to include same sex couples and non married but committed spouses. Your state might allow this type of claim for those circumstances.

The most common Loss of Consortium Claim is: decreased or limited sexual activity between spouses.

Basically the spouse of the injured party cannot have sexual relationships the way they used to before because of the accident and it is a direct result of the personal injury. Is there value on this? I think everyone can agree that there is a lot of value on this type of loss.

However, this loss of consortium claim is a very intrusive claim, so much that it could persuade many people entitled to this recovery to decline making this claim.

Since the claim will be focus on someone’s sexual performance. Their sexual life will be an “open book” in depositions and for the jury (which would become public record).

Defense attorneys will be asking what sexual positions the injured party cannot longer perform, and how often did that they perform such activity? Questions like this one could make the testimony embarrassing and emotional. Insurance company attorneys know this and will use that information against the injured party.

Regardless of how embarrassing the testimony is, this type of claim is valid. Insurance companies seem to settle quicker and pay more for this type of claim if they argue correctly.

Suddenly, the insurance company will have to defend two lawsuits (the injured party’s and his/her spouse’s). The legal cost alone is a motivation for both parties to settle out of court.

However the attorney for the injured person could have a difficult time winning the loss of consortium claim. Many juries feel that missing out on certain aspects of life or making adjustments and compromises are just a standard part of living (should not be entitled to money damages).

In these cases, the loss of consortium claim must show extreme circumstances in order to gain a favorable verdict. Life-changing injuries and permanent disabilities generally gain much more empathy from judges and jurors when loss of consortium is claimed.

Follow the links below for more information about accident injuries, bodily injury claims, and what to ask when making this type of claim.

Bodily Injury E-book

Bodily Injury Overview

1. Who can make a bodily injury claim
2. Reserving your bodily injury claim (very important)
3. Soft Tissue Claim Part I

Soft Tissue Claim Part II

4. Permanent Injury Claim
5. Medical bills, medicine, and other expenses
6. Loss of Wages
7. Loss of Earning Capacity
8. Loss of Business Income
9. Loss of Consortium
10. Loss of Quality of Life
11. Loss of Essential Services
12. Future Treatment and Expenses
13. Pain and Suffering
14. Prior Injuries
15. Psychological Injuries
16. Personal Injury Claim Settlement (evaluation of a claim)
17. Car Accident Injury Claim and Burden of Proof
18. What affects compensation for back and other injury claims
19. A word about Head Injuries

Making a Personal Injury Claim: Steps 1 to 5
Making a Personal Injury Claim: Steps 6 to 10
Pain and Suffering Reimbursement

Injury Demand Letter - How to write one
When to write an Injury Settlement Demand Letter
The Actual Injury Demand Letter (Format)

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