What Is Loss of Consortium?

Injury Attorneys | Restoring LivesTM

April 26, 2019 | Legal Process |

couple

Think of the roles your spouse plays in your life: a companion, lover, friend, partner, and confidant. When you get married to your spouse, you look forward to building a life together, with decades of health, happiness, love, and family as a result. Unfortunately, that bright future can be ruined after the negligence of another.

If the unthinkable happens and your loved one gets injured in an accident, what happens next? Can you be compensated for the detrimental changes in your marriage? In fact, depending on your circumstances, you may be able to seek financial damages through a loss of consortium claim.

Loss of Consortium Claims

Loss of consortium—also called loss of companionship or loss of affection—refers to claims for damage suffered by the spouse of an injured or killed accident victim. If the accident was caused by someone else’s negligence, whether through action or inaction, your loss may fall under this category.

To qualify as loss of consortium, the injured party (your spouse) must have sustained significant injuries that make them unable to continue a normal spousal relationship. This inability can take the form of several types of losses.

Types of Losses

A wide variety of losses can fall under the umbrella of loss of consortium, and every case is different. Some losses that might be categorized as such include the following:

  • Loss of relationship (sexual pleasure, intimacy, love, affection, etc.)
  • Loss of society and companionship
  • Loss of future earnings and inheritance
  • Loss of household services (cleaning, cooking, repairs, etc.)
  • Loss of parenting and childcare

These losses include both economic and noneconomic damages.

How to Calculate Loss of Consortium

Calculating loss of consortium can be complicated because there are no rules set in stone—especially when it comes to noneconomic damages. However, several factors will likely be taken into account when calculating damages. These factors include the following:

  • Nature and extent of the loss (recovery period, type of injury, etc.)
  • Life expectancies of both spouses
  • Living arrangements of the spouses
  • Nature of the marriage or relationship (stability, affection, length, etc.)
  • Care and companionship between spouses

A qualified personal injury attorney can help you calculate numerical values for noneconomic damages.

Contact a Personal Injury Attorney Today

If you or a loved one have been injured as a result of another person’s negligence, contact an Indianapolis personal injury lawyer from Wilson Kehoe Winingham. The lawyers at WKW can help you get the compensation you deserve. Call 317.920.6400 or fill out an online contact form for a free, no-obligation case evaluation.

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