An injured individual may have many causes of action that stem from an accident. This article explores Alabama's loss of consortium claim that allows an uninjured spouse to bring an action arising from an accident that injures his/her spouse.
Many injured individuals are unaware of the various types of personal injury damages available to them after an accident. Most injured parties realize that they may be able to recover their medical expenses associated with an injury. However, many persons do not know that certain circumstances give rise to “special” claims known as derivative claims. These claims may increase the amount of recoverable damages.
Individuals injured in an accident may not be able to contribute to their family in the same manner as they did before sustaining their injury. Many states, including Alabama, recognize the hardships that personal injuries place on families and allow an injured spouse to bring
a derivative claim called a claim for loss of consortium. A loss of consortium claim allows an uninjured spouse to recover for the intangible losses that an injury placed on the marriage relationship.
Alabama law generally defines “consortium” as the companionship, company, sexual relations, comfort, and assistance that a husband/wife provides to their spouse. Technically, Alabama distinguishes a husband’s loss of consortium claim from a wife’s claim, providing more factors to be considered when a husband brings the claim. However, this distinction generally goes unnoticed in litigation.
Although an Alabama loss of consortium claim is a derivative claim of the underlying personal injury action, the cause of action is independent for purposes of damages. Thus, the recovery of damages by the injured party does not automatically entitle the uninjured spouse to recovery for his/her loss of consortium claim. Usually, the uninjured spouse must prove that the injury has negatively impacted the marriage relationship.
While a loss of consortium claim is usually brought in an injured party’s complaint against a wrongdoer, Alabama does not always require a spouse’s consortium claim to be made at such time. However, failure to bring the claim at the time of the injured spouse’s action may bar a spouse’s consortium claim due to the expiration of the statute of limitations.
If you are injured in an accident, consult an experienced Birmingham personal injury attorney that can protect the legal rights of both you and your spouse.
