When a person is injured because of the negligence of another person or entity, in addition to suffering from personal injuries and missed time at work, sometimes their own personal relationships with spouses, family members and other loved ones are also affected.
A Loss of Consortium claim arises when one’s spouse, child, or parent is injured by the fault of a third party. There is a euphemism in loss of consortium claims for the inability to maintain sexual relations between spouses, due to physical or mental injuries. Thus, an uninjured spouse can join in the injured spouse’s lawsuit. This claim also includes the loss of affection and companionship and the spouses's inability to perform household chores or other types of normal activity.
Who can make a loss of consortium claim?
- A child may bring a claim for loss of parental consortium for the disturbance of the parent-child relationship.
- Parents are also permitted to recover for loss of consortium resulting from an injury or death of their child.
- A spouse may bring a loss of consortium claim when the other spouse is injured.
Keep in mind, a loss of consortium claim is different from a Loss of Essential Services claim.