LOSS OF CONSORTIUM
Loss of consortium claims derive from situations involving husbands and wives. Additionally, claims for loss of love and affection can be considered when a minor child loses a parent or when a parent loses a minor child.
Many people believe that loss of consortium damages arise as a result of a decrease or elimination of sexual ability between a husband and wife. This is certainly part of a loss of consortium claim. However, loss of consortium also includes the loss of companionship, affection, society, etc. When one spouse is injured as a result of a third party’s negligence, if that injury includes these types of damages to the non-injured spouse, a loss of consortium claim should be considered by the attorney and by the client. However, once a loss of consortium claim is alleged, the negligent party and his or her attorney will be afforded wide discretion in the ability to discover the couple’s sexual history, etc. This can be difficult for both the injured party and the non-injured spouse to testify about.
When a parent loses a minor child or when a minor child loses a parent, claims can be considered for the loss of love, affection, support, etc.
Loss of Consortium due to Medical Malpractice
An interesting component of a loss of consortium claim is the fact that the non-injured spouse was often not even in the accident or a victim of the negligence that resulted in the physical injury. For example, the husband might be injured in a car accident while the wife was at home. If the husband’s injuries impact his relationship with his wife, the wife may have a valid claim for loss of consortium against the responsible driver even though she was not in the accident. Similarly, if medical malpractice results in a wife’s inability to have sexual relations with her husband, the husband may have the ability to pursue a loss of consortium claim against the responsible physician even though the husband was not himself injured in the medical malpractice.
If you or a loved one has questions about a potential loss of consortium claim, you are welcome and encouraged to contact the law office of Brett H. Oppenheimer, PLLC.
BRETT H. OPPENHEIMER, PLLC
Toll Free: 866-935-5729
Cell Phone: 502-649-1234
Email: brett@bluegrassinjury.com
