Loss of Consortium

As George Sand once wrote, “There is only one happiness in this life, to love and be loved.” The vast majority of what matters in life is based on our relationships with others, especially those in our immediate family. The importance of these relationships is the reason the legal concept of loss of consortium is so vital to understand. When a close family member, such as a spouse, parent, or child, is disabled or killed due to someone else’s negligence, it robs you of this important part of life. In addition to all that it takes from them, it takes things from you: love, affection, companionship, monetary support, and so much more.

The loved ones of those who lose their lives or are disabled as a result of negligence can often sue for loss of consortium. Let us take a look at the types of recoverable damages you may encounter in a loss of consortium case:

Loss of Society

Our loved ones support us emotionally. They stay by our sides, preventing us from being lonely. When they are gone, you can be left feeling lost and empty.

Loss of Service

Our loved ones also support us in active ways. Maybe your spouse is a homemaker while you function as the breadwinner. Or maybe you both brought in income to make ends meet and now you are unsure how you will make ends meet alone. In either scenario, you are suffering from loss of service.

Can I make a claim for loss of consortium?

You can make a loss of consortium claim if you are:

  • The spouse of the deceased/disabled
  • The child of the deceased/disabled
  • The parent of the deceased/disabled (if they had no spouse or children)
  • The sibling of the deceased/disabled (if they do not have parents, a spouse, or children)
  • The grandparent of the deceased/disabled (if they do not have siblings, parents, a spouse, or children)

How do courts assess loss of consortium cases?

If you are suing for loss of consortium, the court will consider the circumstances of the injury or death to determine if the party you consider negligent is truly liable.

Once liability has been established, they will look at these factors to determine how much money you are owed:

  • Lost love and affection
  • Lost companionship?
  • Lost sexual relations and intimacy (if you were married)
  • Lost aid and assistance
  • Lost financial support

We understand that no amount of money can bring back what you have lost, but we are here to help you get the justice you deserve. Learn more by calling McKINNON LEGAL today.