When a family member has been seriously injured, it is possible to bring a claim for yourself - to compensate you for the damage to your relationship and any loss of services. This is called a loss of consortium, and this type of claim is usually pursued by spouses.
The term loss of consortium comes from the Latin phrase "per quod servitium et consortium amisit" which translates to "in consequence of which he lost her society and services." Loss of consortium claims refer to losses like: economic contributions to the household by the injured spouse, care and affection, and even sex. While these claims are usually brought for injured or deceased spouses, in some cases they can be brought in other family relationships as well, such as parent/child relationships.
Laws vary from state to state, but in Oregon (the primary state for this article) loss of consortium is not generally brought as a claim of its own - rather, loss of consortium is claimed as an element of a personal injury or wrongful death case.
A loss of consortium claim may be brought, in Oregon, on behalf of the following:
- a spouse
- a parent or step-parent
- a child or step-child
- a dependent sibling
- another dependent family member
To determine the extent of the loss, many questions will be asked, including:
- what was the state of the relationship before the accident?
- was there ever any abuse?
- has either ever been to prison?
- did the couple or family ever seek marriage or family guidance counseling?
- any other questions the defense counsel can think of to show that no loss of love and affection has occurred
