June 3, 2019 in Personal Injury
What is Loss of Consortium
When a married person has been seriously injured or killed because of recklessness or negligence of another person or entity (the defendant), and it causes their spouse to be deprived of certain marital benefits, the legal term is “loss of consortium.”
Loss of consortium after a wrongful injury may include loss of the spouse’s love, companionship, emotional and moral support, comfort, care, protection, affection, the share of household and child-rearing responsibilities, and sexual intimacy or the ability to reproduce (if applicable).
Legal Considerations of Loss of Consortium
However, for a loss of consortium claim to be seriously considered in a civil court proceeding, the injured spouse must have suffered a devastating, long-lasting injury such as paralysis, incontinence, loss of sexual function, inability to walk or significant cognitive impairment.
In a personal injury lawsuit, a loss of consortium claim allows the non-injured spouse (plaintiff) to recover non-economic damages which are referred to as “subjective compensation” for the deprivation of marital benefits they previously enjoyed. Subjective compensation may also include mental anguish, inconvenience, emotional distress, ruined social life, and injury to reputation and humiliation.
Loss of Consortium Factors
For a civil court jury to determine the losses a spouse has actually incurred, they must consider the following factors and traits of the physically injured spouse before an accident:
- Disposition and temperament
- Social life and activities
- Household services rendered
- Child-rearing responsibilities
- Acts of affection, love and sexual intercourse
However, a monetary judgment will not include financial losses such as wages the injured or deceased person may have contributed, medical expenses, personal services such as home nursing care, domestic household assistance and so on.
Louisiana Loss of Consortium
In Louisiana, there are four elements a spouse needs to prove in a loss of consortium lawsuit:
- The spouse was injured by another person or entity negligent, reckless or intentional misconduct.
- The injured person was lawfully married to the plaintiff at the time of the injury.
- The plaintiff suffered the loss of their spouse’s consortium.
- The loss of consortium was because of the defendant’s wrongful act.
Loss of Consortium: Monetary Value
Because the loss of consortium damages are considered subjective in value, meeting such a claim’s legal requirements is extremely challenging.
To build a strong case for loss of consortium recovery requires the expertise of skilled, aggressive personal injury attorneys.
Loss of Consortium Lawyers Gordon & Gordon
For over 30 years, Gordon & Gordon Law Firm’s founding partners, Stephen Gordon and Daniel Gordon have been vigilant advocates for their clients, winning multi-million-dollar recoveries for those injured because of another’s misconduct.
What’s more, as your personal injury law firm, we’ll never charge you a cent up-front because we work on a contingency basis which means we only get paid when you get paid.
Contact Us Today So You Don’t Risk Losing Your Just Recovery—Statute of Limitations For Loss Of Consortium Claims Are Strict
To begin the fight for the loss of consortium compensation you deserve, call 318-716-HELP (318-716-4357) for a free, no-obligation meeting in one of our Shreveport, Mansfield or Bossier City offices with Northwest Louisiana’s premier personal injury attorneys, Gordon & Gordon Law. Or if it’s more comfortable for you, send us a message on our notepad, and someone from our office will be in touch with you promptly.