What is a 'Loss of Consortium' claim?

When someone is injured or killed in a personal injury case, it isn’t just the injury victim that is affected.

The loss of a loved one’s physical or emotional support can leave a family struggling to cope. When this happens, family members may be able to file a loss of consortium claim.

A loss of consortium claim is a personal injury claim that seeks to recover compensation from another person’s wrongful injury or death. This type of claim is often filed by the spouse of someone who has sustained a personal injury due to negligence or recklessness.

Loss of consortium claims allow the family member of an injured or deceased person to recover compensation for loss of companionship, loss of marital services, loss of household help, loss of sexual relations and more.

If your loved one has been injured due to the negligence of another person and you’d like to learn more about a consortium claim, contact the experienced Missouri personal injury attorneys at Niemeyer, Grebel and Kruse today. Call (314) 350-1900 for a free case evaluation.

What is ‘loss of consortium’?

A loss of consortium is a claim for damages which arise when a family member or spouse of an injured person has suffered loss due to the injury. Loss of consortium claims are typically handled in civil court where the family member or spouse can seek monetary damages. The loss of consortium claim is based on the concept that injury to a family member or spouse can have serious long-term effects on the relationships, both emotionally and financially, within the family unit.

The amount of loss of consortium compensation varies widely depending on factors such as the severity of the injury, pre-existing relationships between the parties, and any other loss associated with the injury. For example, if someone suffers a spinal cord injury, it might be possible to file a loss of consortium claim due to the new mobility restrictions they might face.

The loss of consortium claim serves as an important legal remedy for victims of a personal injury. This helps to ensure that they are able to receive the necessary compensation in order to recover and move forward with their lives.

Loss of consortium can include many different elements, depending on the nature of the injury or loss. We’ll break down some examples below.

Loss of companionship

Loss of companionship means the loss of the injured person’s presence and loss of their assistance, guidance and help in everyday life.

An example of loss of companionship is when an injured person is no longer able to engage in activities with the family member or spouse due to their injury. This could include loss of leisure activities, outdoor activities, trips or any other type of activity that the two previously enjoyed together.

Loss of comfort

Loss of comfort means loss of the injured person’s affection and loss of enjoyment due to being deprived of an intimate relationship with them.

An example of loss of comfort is when the family member or spouse no longer enjoys the same level of intimacy and emotional connection due to their partner’s injury. This can be a significant loss, particularly in long-term relationships.

Loss of intimate relations

Loss of intimate relations means loss of the injured person’s ability to engage in sexual activities.

An example of loss of intimate relations is when an injury or disability prevents a couple from engaging in physical intimacy, for example if someone is paralyzed in a car accident. This can be a difficult loss for both parties affected by it and may require professional counseling or other forms of therapy to help them cope.

Loss of services

Loss of services means loss of the injured person’s ability to provide any type of service or assistance to the family.

An example of loss of services is when an injury prevents a parent from providing childcare, household chores, financial support, home repairs or other forms of assistance that they previously provided.

Common personal injury claims that can include loss of consortium

Loss of consortium claims are common in the case of serious:

Motor vehicle accidents
Slip and fall accidents
Workplace injuries
Injuries from defective drugs and medical devices

If your loved one has suffered an injury due to negligence or wrongdoing of another person, you may be entitled to loss of consortium damages. The law around loss of consortium can be complicated, so it’s important to speak with an experienced personal injury lawyer as soon as possible in order to understand your rights and options.

Who can file a loss of consortium claim in Missouri?

In Missouri, loss of consortium claims are typically filed by the spouse of the injured person. The claim is usually filed as part of a personal injury lawsuit.

In wrongful death cases, loss of consortium claims can also be filed by a parent or child if they have suffered loss due to the injury or death of the deceased.

What factors are considered in a loss of consortium claim?

Proving a loss of consortium claim in court can be difficult. It involves putting a monetary value on spouse’s suffering and probing into their marital past.

In a loss of consortium claim, the plaintiff must demonstrate four items to be successful:

There is a valid marriage or domestic relationship.
The victim suffered an injury due to the negligence of another party.
The spouse of the victim suffered a loss of consortium.
The loss of consortium was due to the injury suffered by the injured spouse.

In order to determine if the four items above are true, the court will ask questions like:

How long were you married?
Was the marriage stable?
What kind of activities did you do prior to the injury?
Was there any history of abuse in the relationship?

The spouse will need to provide evidence showing how their partner’s injury affected their relationship. This can include testimony from friends, family, doctors and others.

If you or a loved one are considering filing a loss of consortium claim in Missouri, contact an experienced personal injury attorney to discuss your case. It’s important to have legal counsel who understands how these types of cases work in order to maximize the loss of consortium damages you can recover.

Get help from an attorney today

The attorneys at Niemeyer, Grebel and Kruse understand how loss of consortium can affect a marriage or family relationship. We have helped many clients receive the compensation they deserve in their loss of consortium claims.

What is a ‘Loss of Consortium’ claim?