When someone is seriously injured in an accident, the impact often goes beyond just the person who was hurt. Spouses and close family members may also feel the effects in very real ways, from changes in companionship to the loss of support in daily life. While no amount of compensation can fully replace what has been lost, the law may allow certain family members to seek damages through a loss of consortium claim.
Keep reading to learn what a loss of consortium claim is, who may be eligible to file one, and how these claims work.
What Is a Loss of Consortium Claim?
A loss of consortium claim is a type of non-economic damage that certain family members may be able to recover when a loved one is seriously injured or killed because of someone else’s negligence. Unlike damages for medical bills or lost income, this type of claim focuses on the personal impact the injury has on close relationships.
These losses may include the loss of companionship, emotional support, affection, and, in some cases, the loss of a marital relationship. While these harms are not easy to measure, the law recognizes that they can have a serious effect on a person’s life.
A loss of consortium claim is considered a secondary, or derivative, claim. This means it is tied directly to the injured person’s case. In most situations, the injured person must have a valid personal injury or wrongful death claim for the loss of consortium claim to move forward. If the primary claim is not successful, the related claim for loss of consortium will usually not succeed on its own.
Who Can File a Loss of Consortium Claim?
Who may file a loss of consortium claim depends on the laws of the state where the injury occurred. In general, only certain close family members are eligible to pursue this type of claim.
Depending on the state, a loss of consortium claim may be filed by:
Spouse
A spouse may file a loss of consortium claim if their partner suffers an injury or is killed in an accident. Spouses may claim loss of love, companionship, and other items that make a marriage unique.
Children
Some states may allow a child to pursue this type of claim when a parent suffers a very serious injury or death. This can include injuries such as traumatic brain injuries, spinal cord injuries, amputations, and more. Children may recover compensation for the loss of love, support, and guidance that their parent would have provided if not for the accident.
Parents
In certain states, parents may seek these damages when their child is killed because of someone else’s wrongful act. If their child survives an accident, a parent may not recover loss of consortium damages even if their child’s injuries are severe or catastrophic.
What Evidence Can Support a Loss of Consortium Claim?
Because loss of consortium involves personal and emotional harm, strong evidence can be important. These claims are often supported by proof showing how the injury changed the relationship and daily life of the family.
Helpful evidence may include:
- Testimony from the injured person and family members
- Medical records describing the severity of the injury
- Statements from friends, counselors, or other witnesses
- Evidence showing changes in daily routines, care, or companionship
This type of evidence can help explain the real impact the injury has had on the family relationship.
Calculating Loss of Consortium Damages
Loss of consortium falls into the category of non-economic damages. This means that these damages do not have a specific value, but they must be estimated based on the factors of your case.
It can be challenging to put a monetary value on the loss of love, companionship, or guidance provided by your spouse or parent. An experienced personal injury lawyer can help put a proper value on your claim to ensure that you are getting all the compensation you deserve.
How Long Do I Have to File a Loss of Consortium Claim?
Thinking about legal deadlines after an injury to a loved one may seem overwhelming. However, missing the applicable deadline could prevent you from recovering compensation for your losses.
Every state has a statute of limitations that establishes how long you have to file a lawsuit. The deadline for a loss of consortium claim often depends on the laws of the state where the injury occurred and the circumstances of the case. Because these deadlines and any applicable exceptions vary, it’s important to speak with an experienced personal injury lawyer as soon as possible to protect your rights.
Contact the Skilled Personal Injury Lawyers at McMinn Law Firm for Help Today
If your spouse, parent, or child has been hurt or killed in an accident, you may be wondering where to turn for help. Thankfully, you do not have to go through this difficult situation alone. The team at McMinn Law Firm can answer all your questions and help you through every detail of your loss of consortium claim.
Contact us today at (512) 474-0222 to schedule a free consultation with a personal injury attorney who is ready to help.