The Loss of Consortium Explained (Finally)

Categories: Wrongful Death

anthony hand on a gravestone

When you file a personal injury lawsuit, you can have several types of damages that you can request from the defendant. When you have a spouse that is injured, and involved in a personal injury lawsuit, the damages resulting from your loss of companionship and the loss of services or benefits are referred to as loss of consortium. Losses that come from filing a loss of consortium claim can run from the time your spouse is injured, until their injury no longer affects them in a way that interferes with companionship and affection.

To see if your case qualifies for a loss of consortium claim, you must speak with an attorney first. A lawyer can help you decide if your case qualifies, and the potential damages that you might recover.

The Definition of Consortium

When you are married to a victim in a personal injury suit, you have the right to recover for the loss of consortium.

The loss of consortium is often referred to as a loss of services. You should realize that the law does not mean services such as household labor, but the affection and companionship you get from a spouse. You do not have to show money losses to a judge or jury to prove that you have suffered loss of consortium. Instead, you just must show the reasonable value of any services that you have lost.

Permanent Injuries to the Spouse

If you have a permanent loss of consortium, such as a spouse that is permanently disabled, then the damages are based on the life expectancy of the husband and wife. They will determine how long the spouses would have lived together had the injury not happened. From there, your attorney would then take the joint lifetime loss and determine cash value based on that loss.

These damages are quite significant for a personal injury or wrongful death claim. While they derive from the case, they are often substantial and compelling. The more severe the injury, the higher the loss of consortium damages might be. Also, the loss of consortium flows precisely from the spouse. Therefore, if the spouse has a permanent injury, the number of damages awarded will be much higher.

Also, if you, the non-injured spouse, must care for your spouse who has a permanent injury, such as feeding, bathing, or even changing a colostomy bag, the damages are included in your claim for such care.

Do You Need an Attorney for Such Catastrophic Injury Claims?

If you have a spouse that was severely injured, you are already going to need an attorney to file a claim on his or her behalf. Furthermore, when the injuries are so severe that they affect you and your relationship with your spouse, you need a lawyer that can assist you.

Attorney Clarke Nash has been dealing with wrongful death cases and catastrophic injury cases for several years. He knows the pain and suffering you and your family are dealing with. Furthermore, he works diligently to ensure that negligent parties are held accountable for all damages that they’ve caused.

To explore your options for compensation, speak with him today over a free consultation by calling 912-200-5292 or request more information online.