What Is Loss of Consortium?
When a loved one is seriously injured or killed due to the negligence or recklessness of another party, the emotional and psychological impact can be immense. The loss or permanent injury of a spouse or partner can have far-reaching consequences for both the individual and their family, including the losses of companionship, affection, and other aspects of a relationship. While it is impossible to place a concrete value on this loss, the family members and spouses of those injured or might be entitled to economic damages for these losses. Legally, this is known as the loss of consortium.
In this blog, the personal injury attorneys at Patterson Legal Group explain how loss of consortium applies to wrongful death claims.
What Is Loss of Consortium?
This is the harm suffered by a spouse or family member as a result of the injury or death of a loved one due to the negligence of another person or party. This is sometimes referred to as “the loss of enjoyment of life.” These claims can be filed in a personal injury or wrongful death case. Damages in these case can include a range of losses suffered by the family member as a result of the injury or death, such as the losses of:
- Love, companionship, and affection
- Ability to provide emotional support
- Ability to engage in sexual activity
- Ability to parent their children
- Ability to provide household services and financial support
Examples of loss of consortium cases our personal injury attorneys have successfully helped clients with include:
- Car accidents resulting in a permanent disability or death
- Injuries or deaths from an unsafe product
- Catastrophic injuries
To successfully file a claim, your attorney must prove the following:
- Your marriage or domestic partnership was loving and stable
- You and your partner lived together full time
- Your spouse or partner provided you with emotional care and support
- Physical intimacy was a part of your relationship
- Your partner performed various household chores and services
No matter what the circumstances lead to the injury or loss of a loved one, a personal injury attorney from Patterson Legal Group possesses the skills and legal expertise to help support your claim.
Filing a Claim for Loss of Consortium
Loss of consortium laws vary depending on the state. Depending on location, this will determine who can file the claim, types of damages, and if the amount awarded is subjected to caps. Both Kansas and Missouri have different laws regarding filing a claim.
Loss of Consortium in Kansas:
- Is considered a general damage which is not subjected to caps.
- The claim should be initiated by the injured individual and not by their spouse, as per Kan. Stat. § 23-2605.
Loss of Consortium in Missouri:
- Claims are not subjected to caps.
- Missouri Statutes 537.080 and 537.090 permit the deceased or injured victim’s spouse, children, and parents to file a claim. If none of these three groups are present, the victim’s siblings or their children may be eligible.
The specific damages that can be recovered vary depending on the circumstances of the case. Your attorney can review the details of your case and can help you determine what type of damages you are eligible for and the amount of each. The following factors will be taken into account when determining the kind of damages that can be awarded:
- Pre-incident stability of the marriage
- Post-incident changes in the marital relationship
- The victim’s anticipated recovery time or reduced life expectancy
- The contributions that the injured or deceased victim made to the household before the incident
- The victim’s financial contributions to the marriage.
After experiencing the wrongful death of a loved one or suffering through life-altering injuries, the insurance company will likely offer a subpar settlement. Do not let the insurance company take advantage of you and your family during this difficult time! It is important to contact a personal injury lawyer to ensure you and your family receive the compensation you deserve for your losses.
Contact Patterson Legal Group Today
When you hire an attorney from Patterson Legal Group, you get a compassionate and experienced legal professional that can help you obtain compensation for your losses. We understand the complicated legal process these types of cases can bring and are ready to help you every step of the way. Our team has proven results and over 75 years of combined experience representing injury victims in Kansas, Missouri, Nebraska, and Wyoming. With our “no win, no fee” policy, our clients do not pay unless we recover money on your behalf.
To get started on your free consultation, call us 24/7 at (888) 687-2400. You can also fill out this contact form or reach out via LiveChat.