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Loss of Consortium

Personal Injury Lawyer Referral
Find a qualified and extremely competent personal injury lawyer in your location.

Loss of consortium in legal proceedings most often refers to decreased or limited sexual activity between spouses as the result of a personal injury.

But, loss of consortium also refers to diminished care, companionship and / or affection as well regardless of whether or not sexual activity has decreased.

Loss of consortium may be claimed in either negligence or intentional tort cases.

Usually loss of consortium will refer to legally married couples, though there has been a push in recent years to include same sex couples and couples that are not married but have been in a committed relationship for a long time. It should be noted that when loss of consortium is claimed in court, the couple's sex life is fair game to attorneys for the opposing side, which may give many couples pause when going forward with a loss of consortium claim.

Loss of consortium can also occur if one spouse is not able to perform regular duties around the house such as parental guidance of children or losing out on activities such as camaraderie with children, siblings or other extended family members.

The spouse of the injured party may also bring forward a lawsuit for loss of consortium even though they were not directly injured. Sometimes this will lead to a quicker settlement since the defendant may be worried about a larger judgment when two trials are threatened.

Other times, the loss of consortium claim is a hard sell to juries who feel that missing out on certain aspects of life or making adjustments and compromises are just a standard part of living. In these cases, the loss of consortium claim must show extreme circumstances in order to gain a favorable verdict. Life-changing injuries and permanent disabilities generally garner more empathy from judges and jurors when loss of consortium is claimed.

 

 

 

 

 

 

 

 

 

 


 

 


 

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