Personal Injury

Loss of Consortium

Loss of consortium may sound like an odd concept, but it is in fact a very personal and very serious consequence of many personal injury accidents. The physical pain of injuries caused by others is often severe, however the emotional cost of these injuries is often overlooked as a result. Loss of consortium simply means the loss of love, companionship, affection, sexual relations, services and solace from a spouse. Both men and women may suffer from loss of consortium.

To recover for loss of consortium the sufferer of a personal injury must demonstrate how their prior relationship with their spouse has permanently changed as a result of their injuries. If you noticed how subjective and difficult it may be to prove a loss of relationship status, you are on the right track. A jury must be convinced that the loss occurred, and while no specific findings of fact are required to meet this burden, personal statements about loss of love, affection and sexual relations makes for a difficult case. A creative personal injury attorney will attempt to frame these real losses to the jury, and they will be immeasurably helped if the sufferer can provide specific factual examples of such losses.

Personal injuries can harm important spousal relationships and may be the source of financial compensation.

In broad terms, you may be entitled to loss of consortium compensation where the injured may adequately demonstrate the following:

  • loss of love and affection

  • loss of society and companionship

  • impairment of sexual relations

  • loss of performance of material services

  • loss of financial support

  • loss of aid and assistance

  • loss of fidelity

Specific examples of averse impacts from the injury might include the husband, who typically cleaned the home, now requires the wife to pick up the necessary slack. Developing legal arguments for your specific situation may benefit from the assistance of a personal injury attorney.

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