What Is a Loss of Consortium and How Do I Get Compensation for It?
Loss of consortium is a claim that is made by a spouse, when the other spouse is injured in an accident and cannot continue sexual relations in the marriage. It is based on the wrongful conduct of one party to another, and is put into use when one spouse is feeling the effects of pain and suffering, and the marriage is affected.
Why Do Couples Experience a Loss of Consortium After an Accident?
The aspect of loss of consortium is a noneconomic aspect of a marriage, in terms of relating to the comfort and affection that one spouse feels to another. If a couple has one party to have an accident, then that person may not “feel like” being the same companion to the other spouse who was uninjured. This can be as a result of the accident, or from the ancillary aspects of the effect of the accident.
For example, if one spouse does not want to resume sexual relations with the spouse, because of pain from a personal injury from a car accident, then the spouse who is uninjured physically suffers emotional injury from that accident too. The spouse of the injured person to the loss may feel a genuine loss after an accident. The action of loss of consortium allows the uninjured spouse to recover pain and suffering damages against the wrongdoer in these types of actions.
What Does a Loss of Consortium Look Like Between a Couple After a Car Accident?
Well, this is a good question, and it will be answered differently by every person who experiences it. Loss of consortium damages will relate to the missing of the essence of the injured spouse from the accident, and can include:
- Loss of prior level of companionship
- Loss of love from the injured spouse
- Loss of zest for life from the injured spouse
- Loss of love of life from an injured spouse
- Loss of moral support
- Loss of society
- Loss of comfort and friendship
- Loss of love and sexual relations
- Loss of emotional protection
- Loss of assistance in every day matters
- Loss of enjoyment of life from the injured spouse
Loss of consortium is a complicated recoverable damages request, because it depends on so many highly personal factors. It can give a couple anywhere from several hundreds of thousands of dollars in relief in a settlement, up to several millions of dollars. The loss of consortium award is going to be based on the couple’s life before the loss, and how their lives have changed dramatically after the accident occurred.
For example, if a couple is in a car accident, and one spouse sustains a traumatic brain injury and is left in a coma, the surviving spouse will have a claim for loss of consortium. This may be because the spouse in the coma was the breadwinner of the family, or because the spouse in the coma was the caretaker of the children and there is no replacement for that support system in the family.
How Much is Loss of Consortium Worth?
There is precedent both ways, for allowing large settlements for loss of consortium, and for not allowing these claims to outweigh the other personal injury claims for a case. This is where you will want to talk to an attorney, to determine your options in declaring loss of consortium damages as part of your settlement package after an accident.
Winning New Jersey Personal Injury Law Firm
If you have experienced loss of consortium, you need to give us a call. Many couples suffer from loss of consortium after a car accident. If this has happened to you, call Sarofiem&Antoun at (201) 792–3333. We are able to talk to you about your case, and can explain the next steps to receiving a full recovery compensation package for your case.
