What is a Loss of Consortium Claim, and Who Can File?

Suffering a severe injury or losing a loved one in an accident can shatter your life. It may leave you without the companionship, emotional support, and intimacy that you have relied on. As the emotional toll and daily struggles grow, such as handling household chores alone and missing the presence of your spouse, partner, or parent, you may wonder if you have any legal recourse. A loss of consortium claim allows you to seek compensation for these hardships. A personal injury attorney can guide you through the process. Contact McPartland Law Offices today for a free case evaluation.

What is a Loss of Consortium Claim?

Physical injuries resulting from a car accident or other event do not just affect the injury victim. Spouses and other family members experience losses, too. A loss of consortium claim, also known as loss of society, compensates an injured person’s loved ones for the loss of companionship, emotional support, and intimate relations resulting from a severe injury or wrongful death.

Examples of Loss of Consortium Cases

Loss of consortium claims in personal injury or wrongful death cases may include the following examples:

• If a person’s injuries render them incapable of sexual relations with their spouse. In addition to the non-injured spouse’s loss of intimate relations, the other spouse’s injuries may make it impossible for the couple to have children.
• In cases of catastrophic accidents that result in brain damage and cognitive impairment, the injured party may no longer be able to meaningfully interact with their spouse or help raise their children.
• A car accident may cause physical injuries that prevent a person from performing household chores, depriving their spouse and children of support in the home.

Who Can File a Loss of Consortium Claim?

Personal injury laws focus on parent-child and marital relationships. Spouses, children, and parents of injury victims may claim loss of consortium in many cases. Domestic partners may also be able to make claims, depending on state laws.

Do Loss of Consortium Claims Apply to Unmarried Couples?

Loss of consortium was once only available to claimants who were part of a married couple. Some states still require a formal marital relationship in a loss of consortium claim. In Washington state, a claimant must be the injured person’s spouse or registered domestic partner. Other states may allow a claim by an unmarried partner if they can prove they have a long-term, committed relationship.

How Do You Prove a Loss of Consortium Claim in Washington?

Loss of consortium is a separate personal injury claim. However, Washington law only allows loss of consortium claims when the injured party has viable claims for their injuries. A person claiming loss of consortium must produce evidence of:

• Their family member’s injuries
• The strength of their marriage or other relationship
• The effect of the injuries on their relationship

Key evidence for a loss of consortium claim might include:

• Medical records documenting the family member’s injuries
• Witness testimony and other evidence establishing the relationship between the claimant and the injury victim
• Evidence of changes in the injured person’s ability to provide companionship and support

What Types of Losses Are Covered?

Loss of consortium damages are a type of non-economic damages. Rather than compensating an injury victim for their direct losses, such as medical bills, non-economic damages compensate them for the impact of their injuries on their quality of life. “Pain and suffering” is a common type of non-economic damage.

Loss of Companionship

A severe injury or wrongful death can deprive a spouse or other family members of the love, care, and presence they once shared with the injured person. This can impact their daily lives and emotional well-being.

Loss of Emotional Support

An injury victim’s reduced ability to provide comfort, encouragement, and guidance can strain relationships. This can lead to emotional distress for the non-injured spouse or family members.

Loss of Sexual Relations

Physical injuries, emotional trauma, or medical complications can impair intimacy between spouses. This can affect their marital relationship and contribute to their emotional hardship.

Loss of Assistance With Household Chores

An injured person may be unable to perform household tasks like cooking, cleaning, and childcare. This often places additional burdens on the non-injured spouse or other family members.

How Does the Court Value a Loss of Consortium Claim?

Calculating non-economic damages is more difficult than economic damages, which include direct costs like medical bills and lost wages. Non-economic damages are based on the impact of an injury on someone’s way of life. When assessing the value of a loss of consortium claim, courts might consider factors like:

• The severity of the injury
• The strength and stability of the marital or family relationship
• The impact of the injury on that relationship

Can Loss of Consortium Apply to Wrongful Death?

Yes, loss of consortium claims apply in wrongful death cases. Surviving family members may seek compensation for the loss of their loved one’s love, care, and companionship.

Is There a Cap on Loss of Consortium Claims?

Some states impose caps on non-economic damages in personal injury cases, which include loss of consortium damages. Washington is not among these states. Claimants in Washington state may find they are subject to other limitations on the damages they may collect, such as policy limits set by insurance companies, but a legal cap on damages is not one of those limits.

What is the Statute of Limitations for Filing a Loss of Consortium Claim?

Each state sets time limits for filing a personal injury lawsuit. In Washington state, this is three years after the date of the injury in most cases, with two important exceptions:

• Medical malpractice: Three years from the injury or one year after the discovery of the injury, but no more than eight years total.
• Intentional torts: Two years after acts like assault, battery, or intentional infliction of emotional distress.
• Claims under an underinsured motorist policy may be controlled by the terms of the policy, and may be shorter than the actual statute of limitations.

The statute of limitations for a loss of consortium claim is the same as the injured person’s claim.

How Do Insurance Companies Handle Loss of Consortium Claims?

Personal injury cases typically begin with a claim submitted to an insurance company. Lawsuits only occur if the insurance company does not agree to a settlement with the injured party and their attorney.

Insurance companies carefully evaluate loss of consortium claims and often challenge their validity. They may try to downplay the impact of the injuries on the relationship, which can be difficult in the midst of a family’s other struggles. Legal representation can help deal with these negotiations.

Why Hire a Personal Injury Attorney?

A personal injury lawyer can be immensely helpful in a loss of consortium claim. Benefits include the following:

• Legal guidance: An experienced lawyer knows the personal injury laws in your area and can advise you of your legal rights.
• Case evaluation: They can review your case, assess your damages, and help you understand what kind of compensation you may be able to expect.
• Evidence: They can gather the necessary evidence to prove your case.
• Negotiation: They will negotiate on your behalf with the insurance company or opposing counsel.
• Litigation: If necessary, they will fight for your rights in court.

Why Clients Choose McPartland Law Offices

McPartland Law Offices has advocated for eastern Washington accident victims for over a decade. The law firm’s attorneys have received recognition from professional organizations like the National Trial Lawyers Top 100. Their successes on behalf of their clients include:

• $2,025,000 in a trucking collision/wrongful death claim involving the Board of Industrial Insurance Appeals in Grant County.
• $400,000 in a construction injury claim in Okanogan County.
• $750,000 in a motor vehicle accident case involving loose cattle on a road in Eastern Washington.

Testimonials

“When all others wouldn’t take or wanted nothing to do with my case, he took it and stuck with it and saw it through til the end. Bryce also was determined to get me what I deserved. He always was honest and held nothing back. He also kept my husband and I very informed and was very professional. My family and I are thankful for his hard work and determination on my case and believed in my case. I would recommend him to all anybody who needs legal help. Thank you again Bryce.” — Joey J.

“Without going into specifics, I have been stressed out for almost a month trying to figure out how to handle a legal issue. I contacted Bryce McPartland for a consultation where I expected him to tell me I had no case. Instead, Bryce looked at my documentation and asked me a few questions. Within an hour, Bryce had a letter written which was sent out that day. The next day, I was informed that my issue was resolved. I couldn’t believe it.” — George R.

Start Your Loss of Consortium Claim Now

If you or your spouse or domestic partner has suffered injuries that have significantly impacted your relationship, you may have legal rights. An experienced personal injury attorney can help you understand your options. Contact McPartland Law Offices at 509-495-1247 or through our online contact form to set up a free consultation and learn more about filing a claim.