What Is Loss of Consortium and Do I Have a Claim?

A loss of consortium is a legal term referring to the loss of ability or services that would normally be performed by an injured individual but cannot be performed due to injury.

Losses can range from a decline in income due to missed work to a loss of teaching ability from a parent who homeschools their children. These losses often fall into specific categories.

Types of Consortium Losses

• Loss of Household Services: This includes the inability to perform daily chores, home maintenance, or repairs that keep a household running smoothly.
• Loss of Affection and Companionship: This refers to a reduction in the love, comfort, and sexual intimacy shared between spouses.
• Loss of Parental Guidance: This involves the inability of an injured parent to provide care, discipline, and educational support to their children.
• Loss of Support: This encompasses the financial or emotional strain placed on the family unit when a member can no longer contribute as they once did.

It is important to remember that compensation for personal injury is not limited to the individual directly injured. The injured individual’s larger family circle may also have been hurt and deserve compensation.

"The injury doesn't stop with the victim; it ripples through the entire family, altering relationships and daily life."

Eligibility for a Claim

The short answer is maybe! A loss of consortium claim is usually reserved for a spouse or a child of the injured individual. If you are a child, spouse, or parent of an individual who was injured, you may have a claim.

Factors Determining Eligibility

Several factors will determine if you are eligible to make a claim:

• Jurisdiction: Laws vary by state; some allow claims for parents or children, while others strictly limit it to spouses.
• Severity of Injury: These claims are most common in cases involving severe, permanent, or life-altering injuries.
• Relationship Status: You typically must prove a valid legal relationship (like marriage) existed at the time of the injury.

The important thing is to discuss your situation with an attorney. You may be in a position to claim a loss of consortium and not even realize it.

Making a Claim

A loss of consortium claim brings you into a potential lawsuit. This can be a double-edged sword. On one hand, you can receive the compensation you deserve. This compensation is aimed at addressing damages such as services, society, companionship, comfort, love, and solace.

When a loved one is harmed in an accident, it is likely that you were harmed as well. However, making a loss of consortium claim may require that you become involved in a lawsuit.

Potential Realities of a Lawsuit

Before proceeding, consider these potential realities:

• Personal Privacy: You may be asked sensitive questions about the private details of your marriage or family life during a deposition.
• Scrutiny: Defense attorneys may scrutinize the stability of your relationship prior to the accident to minimize the claim.
• Time Commitment: Being a plaintiff means you will have to dedicate time to legal proceedings, which can be stressful during recovery.

For some individuals, pursuing a loss of consortium claim is a headache they don’t want to deal with on top of their loved one’s personal injury.

Fortunately, McKenzie & Snyder is here to help. Our team of attorneys is familiar with all aspects of personal injury law, including the ups and downs of a loss of consortium. When you need a lifeline, call McKenzie & Snyder.

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