Some forms of damages in personal injury cases have a direct financial impact, such as car repairs or medical expenses. However, other forms of damages, such as pain and suffering and loss of consortium, are not easy to quantify but can have just as significant an impact on them as economic losses.
Understanding loss of consortium and whether you have a right to compensation for it is crucial to maximizing the value of your personal injury claim.
What Is Loss of Consortium?
A consortium describes important aspects of a personal relationship between two people. For personal injury claims, loss of consortium refers to the loss another person experiences because of someone else’s serious injury or death.
Traditionally, this form of damages was reserved only for spouses whose spouse was killed or became disabled because of an accident. Typically, this loss is considered the spouse’s loss of intimate relationships with the injured victim. However, loss of consortium can also explain other types of losses, such as loss of love, care, and affection.
Loss of Consortium Definition
Missouri statutes do not provide a specific definition for the loss of consortium. However, Missouri law does provide for the ability to seek damages for loss of consortium.
Loss of consortium claims generally seek compensation for the loss of the following:
- Care
- Love
- Affection
- Sexual relations
- Society
- Companionship
- Comfort
- Instruction
- Guidance
- Counsel
- Training
- Support
It can also include the loss of services and assistance with household chores, such as cleaning and yard care. The claim addresses the injury’s impact on a third party.
Example of a Loss of Consortium Claim
David was injured in a car accident. He suffered a serious back injury that prevents him from working, having sexual relations with his spouse, and enjoying his favorite pastimes. As a result of the injury, he cannot help around the house. He is also suffering from severe depression due to the significant impact the injury has had on his life, so he is less affectionate and caring.
Under these circumstances, David’s spouse could pursue a claim for loss of consortium. Not only has David been affected by the injury, but his spouse has also been affected. His spouse does not have the same relationship with David as they did before, and they are now responsible for more responsibilities in the home and facing additional burdens due to the accident.
Determining the Value of Loss of Consortium
While financial compensation can’t undo the harm you’ve suffered as a result of someone else’s negligence, awarding financial compensation is the only way that civil courts have to provide a form of redress and a sense of justice.
Because loss of consortium is a form of non-economic damages, it does not have a direct monetary value like economic losses, such as property damage, medical expenses, or lost wages. Instead, the insurance company or jury considers the particular circumstances to determine the value of this type of legal claim. They have broad discretion to determine the value of loss of consortium.
To determine the value, the jury might consider your particular relationship and the impact the injury had on it. You should be prepared to discuss your intimate relationships to prove your right to recover compensation for these losses.
Who Is Eligible for Loss of Consortium Damages?
Generally, loss of consortium claims are reserved for spouses and compensate for loss of intimate relationships and other intangible benefits of the marital relationship.
However, Missouri’s wrongful death statute allows the surviving spouse, children, grandchildren, other descendants, or parents to file a wrongful death claim, including for the following damages:
- Loss of services
- Loss of consortium
- Loss of companionship
- Loss of comfort
- Loss of instruction
- Loss of guidance
- Loss of counsel
- Loss of training
- Loss of support
Loss of consortium filed by a parent for a child is called loss of filial consortium.
Injury victims can include a claim for loss of consortium for their spouse, or the spouse can file this type of claim in a separate personal injury claim. These damages can apply to various types of cases, including car accidents, truck accidents, product liability claims, and other types of personal injury claims.
Contact Our St. Louis Personal Injury Lawyers for a Free Consultation
If your intimate relationship has been affected by a personal injury, you may have the right to pursue compensation for your losses. Loss of consortium claims recognize that an injury affects not just the victim, but their loved ones, too. Roach Law Car Accident Lawyers can help people file loss of consortium claims after their loved ones suffer serious injuries in accidents.
We can investigate your case, identify all damages you can claim, and fight for your fair compensation. Call us today for a free consultation with a St. Louis personal injury lawyer.