In most car accident cases, a lawsuit will be brought by an injured person. Maybe you were driving in the car when you and your spouse got into a wreck, and you suffered a spinal cord injury. You want to sue the driver of the vehicle who ran you off the road, seeking compensation for medical bills, lost wages and more.
But your spouse may have the option to seek compensation for a loss of consortium. This is also sometimes referred to as a loss of companionship or a loss of affection. It’s different because the case usually begins with a family member of the injured party, rather than the injured person themselves
Loss of the relationship
Essentially, loss of consortium just refers to the fact that these individuals were benefiting from their relationship, which has now been ruined by the injuries. They have lost significant benefits from that relationship, even if they are not necessarily financial in nature.
For example, a child may be able to start a lawsuit for loss of consortium if their parent passed away or suffered life-altering injuries. That child would lose the parental care that they expected. This would have a drastic impact on the rest of their life and their development.
But it is more common for a spouse to start this lawsuit. Perhaps your spinal cord injury means that you are now going to be confined to a wheelchair for the rest of your life. You do not have the same ability to offer love and affection to your spouse, especially when it comes to intimacy or a sexual relationship. Your spouse may feel more like a caregiver, rather than someone in a loving marriage.
These cases can be complex, but everyone needs to know about the legal options they have.