When a serious injury strikes, it doesn't just affect the victim. The consequences can impact the entire family, especially the victim's spouse. One major way a husband or wife can suffer in the aftermath of an accident is through "loss of consortium." If your spouse has been catastrophically injured due to someone else's negligence, you may be entitled to compensation for loss of consortium by working with an experienced personal injury attorney.
Overview of Loss of Consortium
In simple terms, loss of consortium refers to the negative impacts a severe injury can have on a marital relationship. When a husband or wife suffers a life-changing injury, it often means they can no longer provide their spouse with the same level of care, companionship, affection, and intimate relations as before the accident. The uninjured spouse is deprived of the intangible benefits of marriage they previously enjoyed.Examples of Loss of Consortium
Some ways a severe injury can lead to loss of consortium include:The Injured Spouse Being Unable to Help with Childcare, Chores, and Errands
One of the most tangible ways a severe injury can impact a marriage is by limiting the injured spouse's ability to contribute to the household. Before the accident, you may have divided up childcare, chores, and errands in a way that worked well for your family. But now, your spouse's impairments may prevent them from pitching in like they used to. For example, if your husband suffered a traumatic brain injury, he may be unable to handle tasks that require concentration, memory, or decision-making, like paying bills, grocery shopping, or helping the kids with homework. If your wife experiences a spinal cord injury, she may be unable to do physical tasks like cooking, laundry, or bathing the children. As a result, the burden of running the household may now fall entirely on you, the uninjured spouse. This can be overwhelming, especially if you're also trying to care for your husband or wife. You may feel exhausted, stressed, and resentful about handling everything independently, and your spouse may feel guilty, frustrated, or depressed about their inability to contribute. These changes in household roles and responsibilities can take a major toll on a marriage. The uninjured spouse may feel like they've lost an equal partner, while the injured spouse may withdraw out of shame or embarrassment. Conflicts can arise as you navigate your new reality. A personal injury lawyer can document these challenges as part of your loss of consortium claim.The Couple No Longer Being Able to Enjoy Shared Hobbies and Quality Time Together
Before the accident, you and your spouse may have had hobbies and activities you loved doing together, like hiking, dancing, traveling, or attending social events. Having that quality time as a couple, whether a weekly date night or an annual vacation, helped keep your marriage strong.
But after a severe injury, those shared pleasures and bonding moments may disappear from your relationship. Your spouse may no longer be physically capable of engaging in the activities you once enjoyed together. Their cognitive impairments may make it difficult for them to have meaningful conversations or connect with you like they used to.
Simple joys like going out to dinner or watching a movie together may become impossible due to your spouse's limitations and care needs. You may feel like you've lost the fun, relaxed companionship you once shared, and your spouse may grieve the loss of the active, involved partner they were before the accident.
The loss of quality time together can make spouses feel distant and disconnected. You may mourn the special moments and experiences you can no longer share. This loss of shared enjoyment and togetherness can be a profound consequence of a catastrophic injury. Making the extent of this loss clear is an important part of your loss of consortium claim.
Intimacy Suffering Due to the Injured Person's Impairments or Pain
Intimacy and sexuality are often important parts of a strong marital bond. But when one spouse suffers a severe injury, the couple's physical relationship may dramatically change or disappear altogether. This loss of intimacy can be one of the most painful and distressing aspects of loss of consortium. Depending on the nature of the injury, your spouse may no longer be physically capable of sexual activity. They may suffer from chronic pain, limited mobility, loss of sensation, or other impairments that make intercourse difficult or impossible. Brain injuries can affect libido, arousal, and sexual function. The medications used to treat pain and other symptoms may also have sexual side effects. Even if your spouse is technically capable of sex, their impairments may affect their confidence and emotional comfort with intimacy. They may feel self-conscious about their changed appearance or abilities. The power dynamics of your relationship may have shifted now that you're a caregiver, making romantic connection more challenging. Losing the sexual and intimate bond you once had can be a profound grief for both spouses. You may feel rejected, lonely, or resentful, and your spouse may feel guilty, inadequate, or depressed. The loss of physical affection can chip away at your closeness and satisfaction with the marriage. A personal injury lawyer can communicate the significance of these intimate losses as part of your consortium claim. Through your written accounts and expert testimony, you can convey how the loss of your sexual relationship has impacted your marriage and your mental well-being.The Uninjured Spouse Having to Take on a Stressful Caregiver Role
When your spouse suffers a disabling injury, you may suddenly find yourself thrust into the role of caregiver. Instead of being equal partners, you may now be responsible for assisting your husband or wife with activities of daily living like bathing, dressing, eating, and using the bathroom. Becoming a caregiver for your spouse can be physically, emotionally, and mentally draining. You may feel overwhelmed by the constant demands on your time and energy. You may struggle with helping your partner with personal tasks. It can be painful to see your once independent spouse so vulnerable. Caregiving can also take a toll on your own health and well-being. You may neglect your needs, social life, and self-care because you're so focused on your spouse. Caregiver burnout, depression, and anxiety are common. You may feel alone and unsupported in your new role. The stresses of caregiving can also affect how you feel about your marriage. Your spouse may now feel more like a patient than a partner. You may have trouble seeing them through a romantic lens when you're so focused on their daily care. Experts recognize that caregiving spouses often experience a sense of isolation and loss of intimacy. These challenges can be an important aspect of your loss of consortium claim. A lawyer can express how being a spousal caregiver has impacted your well-being and your marital relationship. This evidence can support your claim for non-economic damages.Communication and Emotional Connection Deteriorating
Healthy marriages are built on a foundation of open communication and emotional intimacy. But after a catastrophic injury, your verbal and emotional bond with your spouse may fray. Their cognitive or psychological impairments may make it difficult for them to communicate like they once did. For example, a traumatic brain injury can affect a person's speech, language comprehension, memory, and emotion regulation. They may have trouble finding words, following conversations, or picking up on verbal cues. They may become more irritable and prone to outbursts. Spinal cord injuries can lead to depression, anxiety, and drastic mood swings as your spouse grieves their physical losses. They may want to talk about the details of their care while you long for a conversation that doesn't revolve around their injury. Even without specific impairments, the general stress and upheaval of a severe injury can drive a wedge between spouses. You may feel like you're always walking on eggshells, worried about saying the wrong thing. Your spouse may withdraw and bottle up their emotions. You may start communicating mostly about practical matters rather than sharing your inner lives. You may feel less emotionally connected to your spouse as communication breaks down. You may feel like you've lost the easy understanding and deep friendship you once shared. The loss of emotional intimacy can be profoundly painful and destabilizing for a marriage. In your loss of consortium claim, your personal injury lawyer can convey these emotional impacts through your written accounts and testimony from experts in psychology and marital relationships. Making it clear how your injury has damaged the communication and intimacy in your marriage can bolster your case for compensation.The Emotional Toll of Lost Consortium
Losing the joys and benefits of marriage you once had can be emotionally devastating. The uninjured spouse often experiences profound grief, anger, loneliness, and depression as they mourn the relationship they've lost. Some couples are even driven to divorce by the challenges of coping with a serious injury.When Can You Claim Loss of Consortium?
If your spouse has been severely injured because of another party's negligence, you may be entitled to compensation for loss of consortium. The uninjured husband or wife can recover this type of legal damages in a personal injury claim or lawsuit. The key is proving the injury is severe enough to have substantially diminished your marital relationship.Injuries That May Justify a Claim
Typically, loss of consortium claims arise from catastrophic injuries that significantly impair the victim's functioning, such as:- Traumatic brain injury
- Spinal cord injury and paralysis
- Amputation/loss of limb
- Severe burns
- Organ damage
- Disabling, life-changing injuries
Proving Your Claim
To recover loss of consortium damages, you'll need to show:The Severity of Your Spouse's Injuries
One of the key elements in a loss of consortium claim is demonstrating the seriousness of your spouse's injuries. The harm they've suffered needs to be severe enough to significantly impact their ability to be a full partner in your marriage. Often, loss of consortium claims arise from catastrophic injuries like traumatic brain injuries, spinal cord injuries, amputations, severe burns, organ damage, or other permanently disabling conditions. These types of injuries typically have major, long-term consequences for the victim's physical, cognitive, and emotional functioning. Your personal injury lawyer will gather extensive medical records and expert opinions to prove the severity of your spouse's injuries. This evidence must clearly show the extent of the impairments and the long road to recovery ahead. Your spouse's doctors can provide detailed reports explaining their conditions, treatment needs, and prognosis. Other medical experts may be brought in to offer opinions on the expected impacts of the injuries over your spouse's lifetime, such as their ability to work, care for themselves, and participate in family life. This medical evidence is the foundation of your loss of consortium claim. It establishes the serious, long-lasting harm your spouse has suffered and sets the stage for demonstrating how their impairments have damaged your marital relationship. The more severe and permanent the injuries, the stronger your claim for loss of consortium damages.How the Injuries Have Diminished Your Marital Relationship
The heart of a loss of consortium claim is showing exactly how your spouse's injuries have harmed your marriage. You'll need to paint a clear "before and after" picture demonstrating the damage to your relationship.
Before the accident, you may have had a close, satisfying partnership where you shared the joys and responsibilities of life together. Maybe you had an active social life, traveled together, were sexually intimate, communicated openly, and tackled parenting and household duties as a team.
After the accident, all that may have changed dramatically. Perhaps your spouse's injuries now prevent them from being the active, involved partner they once were. You may have gone from being equal partners to being their caregiver. Shared activities, emotional closeness, and physical intimacy may have disappeared from your marriage.
To prove these negative impacts, your personal injury lawyer will collect evidence like:
- Your own written accounts of how your daily life and relationship have changed
- Statements from friends and family who've witnessed the impacts on your marriage
- Notes from any counseling you've had to deal with the situation
- A "day in the life" video showcasing your current challenges and limitations
- Expert analysis from mental health professionals about the psychological toll on your relationship
The Other Party's Liability for the Underlying Accident
Proving that someone else is to blame for the accident that injured your spouse is another crucial component of a successful loss of consortium claim. If the other party isn't held legally liable for the underlying incident, you typically can't recover loss of consortium damages from them. Liability means legal responsibility. The basis for most personal injury lawsuits is negligence, meaning the other party failed to act with reasonable care in a way that harmed your spouse. Some examples of negligence that commonly lead to severe injuries include:- Distracted, drunk, or reckless driving
- Failure to maintain safe conditions on a property
- Mistakes during medical treatment
- Selling defective or dangerous products
- Police accident reports
- Photos and videos from the scene
- Eyewitness statements
- Safety records and company policies
- Medical records and expert medical opinions
- Analysis from specialized liability experts like accident reconstruction engineers
Contact an Experienced Personal Injury Lawyer Today
If your spouse has been catastrophically injured in an accident, contact a skilled personal injury lawyer right away to discuss your rights and options. With an experienced personal injury attorney fighting for the compensation you deserve, you can focus on putting your life back together while they handle the legal battle ahead. Don't wait to get the advocacy you need during this difficult time.