In a marital context, consortium refers to the legal right of spouses to enjoy each other’s company, support, affection, and intimacy. Ergo, loss of consortium occurs when a spouse loses their right to enjoy the benefits that emanate from a marital relationship.
Personal injury law enables the affected spouse to file a loss of consortium claim from the person responsible for an accident that resulted in permanent disability, death, or severe injury to their partners. Pursuing injury claims is not easy and that’s why most people in such situations hire lawyers in Anchorage for the best outcome.
Who can file a Loss of Consortium Claim?
In the past, only spouses could file loss of consortium claims but now the law allows domestic partners to file such claims. But what constitutes a domestic partner? According to Alaska Common Law Marriage, domestic partnerships refer to cohabiting couples whose intentions are not to marry. Such arrangements are legal and valid in Alaska. However, they do not attract the typical benefits or privileges enjoyed in formal marriages.
Loss of consortium claims can only be filed by people within a marital or sexual relationship. Having said that, children can only file a loss of parental support claim while the parents of the deceased can bring a wrongful loss of a loved one claim. However, both children and parents must prove that their lives were significantly affected after the injury or death of the accident victim.
Consequences of Loss of Consortium
Loss of consortium involves more than the loss of sex life–it boils down to the deprivation of the benefits the plaintiff received from their injured, disabled, or dead spouse. The following are some of the ways a loss of consortium can impact a relationship:
1. Reduction in the Quality of Life
Supporting each other, whether financially, emotionally, or sexually, is key to the survival and thriving of all marital relationships. This means that you’ll be left without the support of your partner if they’re injured, disabled, or lose their life through an accident caused by others. Consequently, the dynamic of your relationship can significantly change for the worst. For instance, instead of being a lover, you might be forced to assume the role of a caregiver. Also, the quality of your life may be negatively impacted, particularly if the injured spouse was the breadwinner before the accident.
2. Emotional Anguish
You depended on your spouse emotionally and now they’re suddenly injured, incapacitated, or dead. Now that your spouse can no longer be there for you, you’ll likely suffer emotional distress that could lead to depression if help doesn’t come your way.
Proving Loss of Consortium
Loss of consortium, like other emotional losses, is subjective and hence, difficult to prove. Another challenge is that a loss of consortium is not quantifiable. Fortunately, an experienced personal injury lawyer can help you with this. The plaintiff must prove the following facts to sustain a claim for loss of consortium:
- Existence of a valid marriage or domestic relationship;
- The victim was injured or died because of another person’s negligence;
- The plaintiff suffered a loss of consortium;
- The loss of consortium is directly linked to the injury of the victim.
Some insurance companies might require you to prove that you are/were legally married to the victim, which could present a challenge. Also, you may be subjected to uncomfortable questions from the defence if the case goes to trial not forgetting that such proceedings are accessible by the public. Consequently, you should consult a personal injury attorney before filing legal action for loss of consortium to discuss the aforementioned challenges, and others.
Limitations on Loss of Consortium
The recoverable damages for loss of consortium can vary by case but the value of such a claim is highly influenced by the applicable state law and/or insurance policies in your state. For instance, you’ll need to prove the existence of a valid marriage in some jurisdictions to qualify for loss of consortium damages.
If a couple divorces before trial, the claim will be negatively impacted. Some states, including states where same-sex marriages are prohibited, allow same-sex couples to file loss of consortium claims. Another downside is that recoverable damages for loss of consortium are usually capped by most insurance companies. In other words, you can only recover a certain maximum amount per incident. Also, some insurance companies treat a loss of consortium claims as an independent incident.
Seeking Justice after an Accident
According to personal injury law, spouses can recover damages if their partner was injured or died in an accident resulting from the negligence of another party. Loss of consortium is one of the damages a spouse can claim besides other recoverable damages awarded in accident claims, such as:
- Damages for wrongful death;
- Damages for medical costs incurred by the decedent before death, and others.
Loss of consortium claims is filed by spouses or domestic couples. Consult an experienced legal professional on what to expect if you’re considering filing a loss of consortium claim.
