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What is a consortium claim?

A consortium claim is a type of personal injury claim that allows a spouse or other close family member to recover damages for the loss of companionship, care, and assistance caused by the injury or death of their loved one. The term “consortium” refers to the benefits of marriage, such as companionship, love, and support.

Spouses most commonly bring loss of consortium claims, but claims may also be brought by other close family members, such as parents, children, or siblings. To recover damages for loss of consortium, the claimant must show that the injury or death of their loved one has caused significant disruption to their marital or family relationship.

Damages

The damages that can be awarded for loss of consortium vary from state to state, but they typically include compensation for the following:

  • The loss of companionship, love, and affection
  • The loss of sexual relations
  • The loss of household services
  • The cost of hiring care providers
  • The emotional distress caused by the injury or death

The amount of damages a claimant is awarded for loss of consortium depends on the specific facts of their case. Ultimately, the more severe the injury or death, the higher the damages award will be.

Situations

Some examples of situations warranting a loss of consortium claim include:

  • A spouse experiencing an injury during a car accident. They can no longer provide their partner with the same level of care and support.
  • A parent dying in a workplace accident, leaving their spouse to raise their children alone.
  • A child experiencing an injury in a schoolyard accident. They can no longer participate in activities that they used to enjoy with their parents.

If you have been injured in an accident, and your spouse or other close family member has suffered a loss of consortium as a result, contact my office today to discuss your legal options.