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Loss of consortium means losing the companionship, support, and care you once had in a relationship before an accident caused a severe injury or death. While it’s considered a type of non-economic damage—meaning it doesn’t have a clear dollar value—it can deeply affect the lives of spouses, children, and family members of the accident victim.
In some personal injury claims, the family of the severely injured or deceased victim may be able to collect damages for loss of consortium. But to receive this type of compensation, you’ll need an experienced Washington, DC personal injury lawyer at the law firm of Regan Zambri Long to help you with your personal injury claim and ensure the evidence backs up your injured spouse’s claim.
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Loss of consortium refers to the loss of intimate or familial benefits—like affection and shared responsibilities—that a person enjoyed before their loved one was severely injured or killed in an accident. Consortium includes many aspects, and the impact can be deeply personal. It can take many forms, each affecting different parts of family relationships, such as:
If someone is badly hurt and can no longer engage in intimate relations, their spouse or partner may feel the impact deeply. When one spouse loses the ability to be physically close or sexually intimate with the other, the non-injured spouse may be entitled to compensation for that loss of connection.
Couples and family members often share routines that become deeply ingrained in their everyday lives. But, if an accident results in an injury that stops the victim from enjoying those activities or rituals, the non-injured spouse may seek compensation for loss of companionship.
For example, suppose a couple rides bikes together every afternoon, but an accident leaves one partner paralyzed and cannot participate in the activity. In that case, the other partner has experienced a loss.
Spouses, partners, and parents commonly share household chores and family responsibilities like cooking, cleaning, and childcare. When a parent or partner cannot perform these duties because of an injury, it often places a heavy burden on the other person.
Loss of these services can be considered when calculating compensation, especially if medical records and valuable evidence show how the injury has affected the person’s physical abilities and ability to contribute to the household.
In households where both spouses contribute financially, the injury of one person can lead to serious financial strain. When a severely injured spouse or parent can no longer work or provide the financial support they once did, the other spouse or the children may be left facing difficult adjustments.
If a severely injured spouse can no longer earn income or care for their loved ones the way they used to, the non-injured spouse may be able to claim loss of support as part of their consortium damages.
Under D.C. Code § 16-2702, only certain people can collect damages for loss of consortium. In the case of a wrongful death, the surviving spouse and children can bring a claim, but in some cases, other dependent family members may also bring forth a loss of consortium claim.
While there can sometimes be exceptions, in most cases, only spouses, not unmarried couples, can bring forth loss of consortium claims. Children can also bring a claim, but their damages are usually limited to the emotional loss of a parent, not any financial support they lost.
Loss of consortium damages do not cover economic damages, such as medical bills and lost wages. However, some losses should be compensated when injuries impact a marriage.
For the non-injured spouse, loss of consortium damages can recover losses related to loss of support, companionship, sexual relations, etc.
Keep in mind: if you make a loss of consortium claim, you’ll likely need to share personal details about your relationship in court. These claims require valuable evidence showing how things have changed due to the car accident, medical malpractice, or other incident that caused the injury leading to the loss of consortium.
If you or a loved one have questions about bringing a loss of consortium claim forward, Regan Zambri Long is here to help. Call today for a no-obligation, free consultation.
Have you or your loved one sustained injuries in Washington DC, Maryland or Virginia? Regan Zambri Long PLLC has the best lawyers in the country to analyze your case and answer the questions you may have.
