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Loss of Consortium

Definition - What does Loss of Consortium mean?

Consortium is the unidentified elements inherent in a marital relationship including but not limited to companionship, comfort, love, sexual relations, services, and solace.

Personal injury and Consortium

If a spouse has been injured or killed by the intentional or unintentional actions of a third party and is unable to provide any of these actions towards their husband, wife, or family, they may legally have a claim against the offending party for their loss.

Damages for loss of consortium are most prevalent in a personal injury claim if the injured party has died or suffered severe injury such as paralysis, amputation, or incontinence.

Calculating Loss of Consortium

Loss of consortium is considered a non-economic loss, and it can be difficult to calculate. Compensation may be awarded, but it is recognized that money cannot re-establish certain elements of a relationship.

Calculating this loss is generally at the discretion of the court or the jury. Injury lawyers, however, may be able to provide an estimate of damages awarded for certain losses.

If the case is settled out of court or with an insurance company policy limitations may cap the amount provided for this loss.

Issues to consider prior to making a claim for loss of consortium

There are issues to consider before requesting compensation for loss of consortium. For instance, it is likely the personal, intimate, and private elements of your marriage will be discussed at length before the court and will become part of the public record.

If you and your spouse have had marital hardships prior to the injury such as infidelity, separation, criminal charges, or abuse, this will also be discussed and could affect the compensation payments for loss of consortium.

Talk to a injury lawyer if you have more questions about your rights to receive compensation for loss of consortium.

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