If your family member was injured in a serious accident and your relationship has been affected, you may have a valid claim for loss of consortium. Understanding your legal rights and options is crucial during the aftermath of an accident. Work with a Middlesex County personal injury attorney to learn more.
What is Loss of Consortium?
Loss of consortium is a legal term used in personal injury law that refers to the loss of benefits of a family relationship that occurs due to injuries caused by a third party. In simple terms, it occurs when a person is injured to the point that it impacts their ability to maintain their relationships and deprives them of the ability to provide or participate in intimacy, support, companionship, etc.
- A loss of the ability to function sexually or participate in intimate relations
- A diminished ability to provide companionship
- An inability to contribute to household chores and other services
- A loss of the ability to financially support the family
Who Can File for Loss of Consortium?
Loss of consortium is a noneconomic damage, meaning that it does not have a specific financial value associated with it, but it can still be considered compensable in personal injury law. In New Jersey, the spouse of a victim who was injured or killed may have a case for this noneconomic loss.
For example, suppose an individual is involved in a car accident caused by a drunk driver, and they suffer a traumatic brain injury as a result. This brain injury causes the victim’s spouse to lose emotional support, help with the children, help around the house, and physical intimacy. In this case, the non-injured spouse may pursue a loss of consortium claim to compensate for their losses.
Only the legally married spouse of the injured individual is permitted to file for loss of consortium. However, depending on the circumstances, some jurisdictions allow the spouse to file on behalf of the children as well for their loss.
How to Prove Loss of Consortium?
Because loss of consortium is a noneconomic damage, it can be challenging to prove and quantify its existence. Although these claims are highly personal and unique to each situation, below are the main elements that must be established.
- The claimant is legally married to the injured party
- The injury was directly caused by the defendant’s negligence, recklessness, or other behavior
- The claimant has been deprived of the benefits of the relationship, including love, companionship, sexual relations, familial support, or other assistance
When determining whether or not to award compensation for a loss of consortium, the court will likely evaluate a variety of factors, including the details of the relationship before the injury, the extent and severity of the injury, and testimony from medical, mental health, and other professionals.
