What Is Loss of Consortium?

loss of consortium

A person’s physical and emotional health are probably the first things you think of when it comes to serious accidents. However, accidents where a spouse suffers a catastrophic injury or wrongful death due to another’s actions or inactions can have a significant impact on their partner. That person may lose a vital companion, provider, and confidant. While it may sound cold, you need to think about these losses in the event of an accident. Legally speaking, this is referred to as loss of consortium.

What Does Loss of Consortium Entail?

In the context of an accident, loss of consortium is compensation for the loss of several elements in a marriage or domestic partnership. The spouse can take legal action if their partner died or suffered life-altering injuries in an accident caused by the negligence or recklessness of another party. The specific definition and compensation for loss of consortium varies from state to state.

Loss of consortium can include compensation for the loss of:

  • Companionship
  • Physical intimacy
  • The ability to have children
  • Emotional support and care
  • Household care

While spouses and domestic partners can be compensated for loss of consortium in most states, there are some states where it applies to the children or parents of the deceased or injured person. Additionally, the items above are very subjective and difficult to assign a dollar value to. You can be sure that the insurance company will try to minimize these losses and offer the least amount of money possible. A loss of consortium lawyer from Lerner and Rowe can help make sure that you receive a just settlement for your loss.

How Can I Prove Loss of Consortium?

While receiving an appropriate settlement for your loss can be complex, proving loss of consortium is relatively straightforward. Your loss of consortium attorney must prove:

  • 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
  • The various household chores and services your partner handled
  • Activities you enjoyed with your partner prior to the accident that can no longer be enjoyed
  • The life expectancy of your partner in the case of wrongful death

Again, loss of consortium laws vary from state to state and it’s important to have an experienced lawyer on your side that’s familiar with your local laws. The personal injury attorneys at Lerner and Rowe have knowledge and skill to prove your case.

What Kind of Compensation Can I Expect For My Loss?

The amount of compensation you can receive for loss of consortium depends on what state you live in and/or any limits set by the insurance company. For example, in Arizona and Nevada there are no caps on noneconomic damages from a personal injury. Some states have a limit on noneconomic damages, such as Tennesse, which has a cap of $750,000.

Lerner and Rowe has licensed attorneys in 19 states and partners in all 50, so you can be sure that you’ll be working with a lawyer that’s deeply familiar with your state’s laws. This way, you feel confident that you’ll have a loss of consortium lawyer that will get you the highest compensation possible.

Contact Lerner and Rowe

Losing companionship due to wrongful death or severe disabilities is a traumatic experience. Lerner and Rowe appreciates this and is dedicated to providing you the emotional support that you need, while fighting vigorously for your claim. Our lawyers will help you carry the burden of your loss and do everything possible to get you the compensation you deserve.

You can reach Lerner and Rowe 24/7 by phone at 844-977-1900 or online through LiveChat. You also have the option of submitting your case information through our encrypted online form. Don’t let the insurance company take advantage of you during a stressful time. Let Lerner and Rowe fight back for you.

The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.