The loss of consortium refers to the temporary or permanent inability to have marital relations because of physical or emotional injuries. The loss of consortium can also relate to the inability to have children. A plaintiff in a personal injury claim or lawsuit may seek compensation for the loss of consortium and the impact of this deprivation.
How Loss of Consortium Can Occur in a Personal Injury Case
Both men and women may suffer from a loss of consortium. In some states, the injured person’s spouse may also seek damages.
A loss of consortium may be the result of physical and/or emotional injuries from:
- Motor vehicle accidents (car, motorcycle, truck, bicycle, pedestrian, moped, or bus collision)
- Medical negligence
- Defective medical equipment or prescription drugs
- Slip and fall accidents
- Workplace injuries
- Dog bite or animal attacks
- Exposure to toxic substances
- Traumatic brain injury or other catastrophic injury or illnesses
- Wrongful deaths
Loss of consortium can be the result of paralysis, disability, or another physical impairment. It can also be the result of mental anguish, such as the emotional trauma after an assault or motor vehicle accident. The loss of consortium can lead to depression, anxiety, separation, and divorce.
Seeking Damages for Loss of Consortium
Some injured or disabled people may be reluctant to discuss loss of consortium. Please keep in mind that communication between a lawyer and client is confidential and secure. The personal injury lawyers at D. Miller & Associates, PLLC uphold the highest adherence to professional and legal ethics.
There are some factors to consider when seeking loss of consortium among other general damages. A personal injury lawyer will supply various kinds of proof to persuade an insurance adjuster, judge, or jury.
Proving Damages for Loss of Consortium
The court or insurance company will consider several factors when presented with a loss of consortium claim. These may include:
- The age and overall health of the plaintiff and spouse (for example, is it reasonable that a child could be the result of their union).
- Medical records and expert testimony from a healthcare professional about physical or mental impairments.
- Personal statements from the plaintiff and spouse.
- Relevant cases that support precedence.
- Marital status at the time of the accident or injury (for example, legally separated couples may find it more challenging to prove deprivation).
Choose a Personal Injury Lawyer With Whom You Are Comfortable
Losing marital intimacy is devasting for injured and disabled men and women. Our personal injury lawyers have helped many clients recover compensation for loss of consortium. We treat each client with respect, dignity, and compassion. To find out more, please complete this form. For a free case evaluation, call D. Miller & Associates, PLLC at (713) 850-8600.