Loss of Consortium is a legal word that refers to the loss that a couple can experience after an accident. It is a phrase used to refer to the fact that the accident has caused them to not have normal sexual “relations,” or that the loss has seriously affected their otherwise normal relationship in a more emotional way.
It has in the past been used by legally married heterosexual couples. But lately, this claim is being raised by common law couples and those who are in same sex relationships. If a person is holding himself out as the “spouse” to another, it may pass as a common law marriage, even without the paperwork of a marriage filed in city hall. What about a couple that has been together for 40 years, who holds themselves out to the community as “married without the paper” and everyone sees them as a committed couple? Well, this is for the court to determine, isn’t it? Either way, when a person makes a claim of loss of consortium, he or she had better be ready for the gloves to come on, because their relationship will be open for interpretation for all sides in a court of law.
If one spouse is unable to perform as a spouse, this would appear to be a loss of consortium case. Either way you look at it, a couple has what they consider normal every day relations. When a loss of an accident tilts that relationship away from their normal routine, because of pain, emotional anxiety or whatever it is, that will be the basis for the loss of consortium claim. It might even be extended to become the reason that the person cannot relate to the rest of the extended family or even have normal relationships with children, the person’s siblings or own parents. Spouses can bring cases for loss of consortium, even though they were not part of the original accident.
The person who is declaring loss of consortium is the person who is suffering from the loss. This can be the person involved in the loss who has a physical pain from the accident. This includes any pain, such as a back pain, or headaches or even pains that are diagnosed after the initial loss. It might include emotional pain, such as bad dreams, trauma, anxiety or nervousness – all as a result of the loss. It is not unusual that people feel different after a loss.
Loss of consortium might also include the ability of a parent to be able to care for a child after the loss. This is considered parental loss of consortium. If a parent is unable to show her children affection after a loss, this would fall under the category of a loss of consortium claim. If the parent is not able to enjoy the quality of life with his family, that he enjoyed prior to the loss, this would possibly qualify as well.
If you have been in an accident and feel that you might have a loss of consortium claim, call the law offices of Ledger & Associates at 1-800-300-0001 or email us at www.ledgerlaw.com.
