Loss of consortium is a term most people aren’t familiar with – but in the personal injury world it basically boils down to the loss of love, affection, care and companionship between you and your spouse, or you and your child who have been injured by the negligence of another.
If your loss of consortium claim is regarding your spouse, you may be able to recover for loss of society, affection, assistance, and loss or impairment of sexual relationship in the marital relationship that has occurred since the injury to your significant other.
If your loss of consortium claim is regarding an injury to your minor child, the parent may be able to recover if they have regularly contributed to the support of their minor child, and that you have had significant involvement in the child’s life. The parent specifically may be able to recover for not only medical expenses, but also loss of love and companionship and injury to or destruction of the parent-child relationship that has occurred since the injury to the minor child.
A child may also able to bring an action for loss of parental consortium, and children beyond minority age are not precluded from asserting a loss of consortium claim. In these situations, children do not bring their own separate claim for loss of consortium except for specific, limited circumstances.
In all circumstances, you must be able to prove that there was an impact on your relationship, and the amount you are awarded, if any, is decided by the jury. To find out more about this type of claim, contact Calbom & Schwab today.