Loss of Consortium Claims – The Spouse’s Right Of Recovery

My husband was seriously injured in an accident; can I also recover for my suffering and stress associated with my husband’s injury?

If a person is killed or seriously injured in an auto accident or other serious catastrophic accident, their spouse may also be able to recover for what is called “loss of consortium,” even if the spouse was not directly involved or injured in the accident.

Consortium covers all of the benefits normally associated with marriage, including affection, solace, comfort, companionship, society, assistance, and sexual relations necessary to a successful marriage.  The loss of any of these due to the death or serious injury of a spouse is an independent basis for a lawsuit separate from the personal injury or wrongful death case that the injured party has in his or her own right.  These losses are obvious in case of the death of a spouse, but they are very real and actionable in cases where serious, permanent injury results from another’s negligence as well.  Even in cases where there is no permanent impairment, the stress of dealing with prolonged medical treatment and the difficulties associated with serious injury can impair sexual relations or otherwise adversely affect the other elements of a happy marriage. 

If you feel that the intimacy and comfort associated with your marital relations has been adversely affected by your spouse’s injuries, and especially if your spouse is already pursuing a personal injury claim for his or her injuries, you should consult a personal injury lawyer to determine if you may be able to bring a claim for loss of consortium as well.

In later posts, we will discuss bystander damages, where the law allows for recovery for the trauma of witnessing a tragic event occur to a loved one.