What Is Loss of Consortium in a Personal Injury Claim?

Loss of consortium is one of the damages available in some personal injury claims. In Alabama, only married people, including spouses in valid common-law marriages formed before January 1, 2017, are allowed to pursue it. The concept can be confusing, with loss of consortium meaning losses of companionship, affection, household help, intimacy, and other losses that a spouse suffers.

Both married and unmarried people who are injured can pursue similar damages that are more extensive, including pain and suffering, emotional distress associated with their injuries, loss of enjoyment of life, and the effects of changed relationships after the injuries.

What does loss of consortium really mean?

The marriage rate in Alabama is 6.9 per 1,000 people, so there are a good number of married couples. Personal injuries, such as those from a severe car accident, can change a couple’s or family’s dynamics in an instant. As a simple example, take a spouse who used to enjoy sex, family activities, and time with the children, and who was good at planning date nights and at offering emotional support.

After a car crash, a person may no longer be able to do those things. It is a devastating blow in many ways. The other spouse may suddenly be in the position of having to be a caregiver. That one thing by itself tends to take a huge toll on marriages.

Loss of consortium is meant to help compensate an injured person’s spouse for these types of changes. The injured person, meanwhile, can pursue related claims at the same time.

Can anyone who feels the negative effects of a changed relationship pursue loss of consortium claims?

Not in Alabama, since courts recognize loss of consortium as meaning a marital claim. If you are dating someone who got hurt or if your close relative got hurt, it makes sense that the dynamics of your relationship would suffer. However, it is unlikely you have a claim. The injured person, however, may be able to factor the changed relationship into their own personal injury claim.

If you have been dating someone for a long time and they are now injured, you likely do not have a claim. However, if your relationship amounts to a common-law marriage that was formed before January 1, 2017, you may have a loss of consortium claim. Personal injury lawyers can discuss possible next steps with you or an injured loved one in all types of scenarios.

What if the injured spouse cannot prove liability or damages?

Under the loss of consortium meaning, the inability to prove liability or damages can greatly hurt the claim. To complicate matters, Alabama is a state with strict laws for proving liability. If a jury finds an injured spouse partly liable for their own injuries, no compensation might be available, and a loss of consortium claim might stall, as well.

Many times, both claims are filed together, although Alabama law does not require this. These claims are still connected, with loss of consortium depending on proof that the defendant caused the harm to the injured spouse, leading to the other spouse’s losses.

If the personal injury claim succeeds, does that mean the loss of consortium claim will, too?

Not necessarily. For example, a loss of consortium claim depends in part on the changes a marriage suffered. Insurance adjusters may be able to argue successfully that a marriage was bad before an injury and that claims are exaggerated. Common insurance arguments include these:

• The marriage was already suffering
• The injuries didn’t change anything substantial
• There is no documentation to back up the allegations

Moreover, there is no typical settlement amount for a loss of consortium claim. Even if a marriage was “bad” before an accident, a spouse could still recover some damages, depending on the situation, but perhaps not all of the damages sought. The value of a loss of consortium claim depends partly on:

• The quality of the marriage before and after the injuries
• If the injuries affect emotional and physical intimacy
• How permanent the injuries are
• The length of the marriage
• Whether parental responsibilities changed

In other words, a claim involving a marriage of 10 years and that involves serious, lifelong injuries may have more value than a claim focusing on a marriage of 10 months, even if the injuries are just as serious. The value of the latter claim can still be considerable, though, depending on the variables in the case.

The same insurance adjuster or insurance claims team may evaluate the personal injury claim and the loss of consortium claim. Insurers can resolve both in one settlement package.

For cases that go to trial, the court usually hears both claims together in the same lawsuit. A jury may get separate instructions for the claims and award separate damages, but hear the information in the same trial.

The same personal injury lawyer frequently represents both spouses, but separate lawyers do occur for ethical or strategic reasons. For example, the spouses may not agree on a settlement, or one of the spouses has credibility issues.

Is a loss of consortium claim similar in value to a personal injury claim?

Usually, the personal injury insurance settlement or jury award is noticeably larger. Personal injury claims involve economic damages, such as medical bills, as well as emotional damages, such as pain and suffering. More goes into a personal injury claim, but a loss of consortium claim can still be worth a lot.

The claims can be closer in value for catastrophic injuries, lifelong care, and strong “before and after” evidence.

What types of evidence help a loss of consortium claim succeed?

In many cases, both spouses speak about how their roles changed and other post-injury factors such as emotional distance, an increase in caregiving expectations, and a loss of activities both spouses enjoyed doing together.

Family members and friends, even colleagues, can also attest to relationship changes and paint these pictures vividly. Medical records are necessary, too, so that plaintiffs can prove the severity of an injury. However, the exact meaning of loss of consortium is unique to each marriage.

For what injuries can you file loss of consortium?

Any injury that seriously affects your marriage for months or longer may support a claim. Here are a few examples.

• Brain injuries can make you feel like you’re married to an entirely different person. These injuries sometimes change a person’s personality, memory, mood, and ability to engage or communicate.
• Spinal injuries can affect your spouse’s mobility, independence, and much more, and put you in the position of needing to help your spouse bathe, eat, or dress.
• Broken bones, chronic pain, and other injuries that might technically not be catastrophic can still cause many physical problems, as well as emotional ones, such as PTSD and anxiety. Many factors have direct and indirect effects on a marriage.

Contact Prince Glover Hayes

The meaning of loss of consortium and the impact on your ability to bring a claim is not always clear. At Prince Glover Hayes, we’re here to answer your questions. To learn more and discuss your situation, contact us today.