When a married car accident victim suffers from disabling condition, his or her spouse will normally have to worry about expenses for medical bills, medications, pain and suffering, and loss of income. Generally, no one pays too much attention about loss of consortium.
In legal definition, loss of consortium is the inability of one’s spouse to have a normal marital relationship, or in many cases, loss of sexual pleasure.
A person whose spouse has been injured due to a car accident may claim for loss of consortium damages if his or her partner cannot participate in sexual relations temporarily or permanently. If proven negligent, the individual who caused the victim’s injury may be legally required to provide compensation to the spouse for loss of consortium.
In case the spouse of the car accident victim can no longer enjoy the company and pleasure of his or her partner in the same way as prior to the incident, the affected individual may claim for loss of consortium damages. Loss of consortium may not only be limited to physical injuries from the accident, it may also be due from the mental distress of the victim.
Loss of Consortium as Loss of Care
In legal sense, loss of consortium is not limited to sexual relationship aspect; it may also include loss of care, affection, and even companionship between wife and husband, even without the loss of sexual relations.
Certain forms of loss of care may include inability to perform spouse’s reasonable expectations of marriage.
Specific examples of this may include
• Taking care of children
• Doing house chores
• Helping spouse in performing certain tasks
Loss of Consortium: Filial Consortium
Loss of consortium may be extended to victims whose child have died or was seriously injured due to a car accident. In many cases, this type of claim is called filial consortium. Claims for filial consortium intend to provide compensation for lost love, care, and companionship of the child or parent accident victim.
In case that the court approves filial consortium, the negligent party involved may be required to pay the affected individual/s.
Claiming for Loss of Consortium
Loss of consortium claims is difficult to prove because usually the court may consider such claims as subjective. Just like any other emotional damages claim, loss of consortium claims may need the expertise of personal injury attorneys in order to strengthen the case.
