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Just What Is a Loss of Consortium Claim?

On Behalf of | Oct 15, 2014 | Personal Injury |

When is TMI admissible in court?

Serious legal matters can often be uncomfortable to discuss in polite company. Nowhere is this more true than in an area of tort law known as “loss of consortium.” Although such claims are fairly common, you might not be able to talk to your grandmother about them with a straight face. If someone you love has suffered a potentially life-changing injury, however, you’ll want to know more about loss of consortium.

What Is a Loss of Consortium Claim?

A loss of consortium claim typically arises after an accident or injury that makes it difficult or impossible for a person to provide the same level of service or care for his or her loved ones. Such injuries typically include partial or total paralysis, loss of limbs, or other body parts and trauma or illness that results in permanent incontinence.

In many cases, loss of consortium is limited to the permanent or long-term interruption of sexual intimacy between romantic partners. However, it can apply more broadly and include elements of non-sexual care. Due to their complexity and intimate nature, loss of consortium claims are outlined and adjudicated on a case-by-case basis.

Is It Limited to Spouses?

Most loss of consortium claims revolve around changes in the relationships between spouses. However, they may also be brought by individuals whose relationships with parents or children have been affected by a serious injury. For instance, an elderly parent who can no longer rely on a child to provide medical care and support may be able to sue for loss of consortium.

Limitations of Loss of Consortium Claims

Some limitations apply to this area of the law:

  • Valid marriages and relationships: Divorced spouses can’t bring loss of consortium claims that involve their former partners.
  • Legal parent-child relationships: If a parent or child is suing for loss of consortium, he or she must be able to prove a legal or blood relationship with the pertinent individual.
  • Same-sex relationships: Some states may not permit loss of consortium claims that involve same-sex partnerships.
  • Insurance limitations: Loss of consortium awards may be limited to the pertinent insurance policy’s award cap.
  • Disclosure of personal information: These claims often involve detailed discussions of intimate aspects of one’s relationship and physical health, so they’re not advisable for those who are unwilling to make such issues a matter of public record.

Find a Seasoned Personal Injury Lawyer in Baton Rouge, LA

If you’re thinking about filing a loss of consortium claim, you need to understand the legal and personal implications of your case. At The Lucky Law Firm, we’re happy to walk our clients through the ins and outs of this process and ensure that their case reaches a fair and equitable conclusion. To learn more about how we can help with your legal fight, visit our website or fill out our online contact form.