What is Loss of Consortium and When Can It Be Included in an Injury Claim?
Loss of consortium is something you may be able to claim if your spouse suffered a catastrophic or fatal injury caused by another’s negligence. Loss of consortium refers to the loss of your spouse’s companionship, affection, support and guidance, help with household chores and more. In other words, your spouse cannot provide what they did before the injury or death.
If your spouse suffered a life-changing or fatal injury, you should contact a licensed attorney to discuss your legal options. The Bloomington personal injury lawyers at TSR Injury Law are ready to help you pursue full compensation for your damages. Our firm has obtained more than $1 billion on behalf of our clients.
Call today. There are no upfront fees with our services: (612) TSR-TIME.
Who Can File a Minnesota Loss of Consortium Claim?
Generally, the surviving spouse is the only person who can file a loss of consortium claim. Minnesota court rulings have consistently reached this conclusion. These claims are typically only pursued in wrongful death cases involving the loss of a spouse.
It might be possible for a parent to seek loss of consortium damages for the loss of children. Grandparents might also be able to seek loss of consortium for the loss of grandchildren.
However, children usually are not able to recover the loss of consortium after losing a parent.
What Are Loss of Consortium Damages?
Loss of consortium refers to the intangible losses suffered after the death of a spouse or that spouse’s catastrophic injury. This can include things like:
- Loss of love and companionship
- Loss of a sexual relationship
- Loss of ability to have children
- Loss of the performance of household chores
- Loss of care, including the loss of caring for children
- Loss of affection
- Loss of guidance and support
Even if the spouse did not die in the accident, he or she may be unable to provide these things because of the severity of his or her injury. For example, the spouse may have suffered a traumatic brain injury and he or she needs help with the most basic of tasks. Spinal cord injuries could also impair the ability of a spouse to perform household tasks and care for children.
What Must Your Lawyer Prove to Recover Loss of Consortium Damages?
Your lawyer must prove certain things to recover compensation for loss of consortium.
Your lawyer must establish that the claimant and the victim had a qualifying relationship. You must be the victim’s spouse, grandparent or parent.
Negligence Caused the Injury or Death
You must prove your loved one was injured because of another party’s negligence. For example, if your loved one was killed by a drunk driver, your lawyer would need to provide proof of the crash and the at-fault driver’s intoxication.
The Injury or Death Caused Loss of Consortium
Your lawyer would need to present evidence of what your spouse did before the injury. This can then be compared to what your spouse is able to do following the injury.
What is the Value of a Loss of Consortium Claim?
The value of any type of personal injury claim is going to be based on many factors. In a loss of consortium claim, the value is likely to be based on things like:
- Your loved one’s life expectancy
- Your life expectancy
- The strength of the marriage
- The scope of the loss (how much your loved one contributed to the relationship)
- How severely your loved one’s injury has affected the relationship
- The age of your children and the amount of care they need
- Your role and your spouse’s role in childcare and household chores
If you are the one who went to work and your spouse was a stay-at-home parent, the value of your loss of consortium may be greater than the loss of a spouse who also worked full-time. You may now need to pay for childcare, which can easily cost several thousand dollars or more per year.
Call TSR Injury Law Today to Discuss Your Legal Options
The unexpected loss or catastrophic injury of a loved one is often the result of another party’s negligence. That means victims and/or their loved ones may be able to seek compensation for injuries and damages.
At TSR Injury Law, there are no upfront fees for our services. That means we do not get paid unless we successfully recover compensation for our clients.
Visit our case results page to learn more about the compensation we have obtained in a wide variety of personal injury cases.
More than $1 billion recovered. Call today: (612) TSR-TIME.