Most human beings look for a sense of belonging in the world, and we find that when someone unconditionally loves and cares for us. When we lose that person, our whole world can fall apart. The unexpected loss of a loved one can cause tremendous pain. But you don’t only lose a loved one through wrongful death.
An accident can leave your loved one physically and mentally incapacitated to the point that you no longer recognize them. A devastating effect of severe injuries is the loss of consortium.
What is a loss of consortium?
Loss of consortium is a legal term that captures the deprivation of the intangible benefits an intimate relationship provides. It does not need to be a relationship between lovers; it can also be when a parent can no longer offer their child the same care and affection because of their injuries or death. The loss of consortium includes losing the following benefits:
- Companionship
- Comfort
- Affection
- Love
- Sexual intimacy
- Shared activities
- Attention
- Care
- Guidance
It can be when a person used to cook delicious meals for the family but cannot fulfill the same domestic services they once did. Therefore, it is usually the spouse or children of the victim who can seek compensation for a loss of consortium and the mental anguish they have suffered because of the loss.
Can you make a claim for a loss of consortium?
The loss of consortium is one of the noneconomic damages the loved ones of a personal injury or wrongful death victim can claim on top of the economic damages. They would need to prove that the negligent or wrongful actions of the responsible party directly resulted in the death or injuries of their loved one. The loved ones will also need to establish that they had an intimate or committed relationship with the victim.
Putting a price on the relationship you once shared can be hard, but you deserve justice for the loved one you lost.
