How the Spouse of an Injured Person Can Bring a Claim for Damages

As the husband or wife of an injured person, you undoubtedly have felt the effects that an injury can have on a family.  Whether its taking time out of your day to drive your spouse to doctor’s appointments, doing extra chores around the house or a lack of intimacy, an injury can have dramatic affects on a marriage.  Fortunately, Pennsylvania Law allows the spouse of an injured person to recover damage for what is called “loss of consortium”.  

A loss of consortium is the loss of association and companionship with one’s husband or wife.  A claim for loss of consortium, similar to a claim for pain and suffering, is somewhat arbitrary in that it cannot be accurately determined by reviewing medical bills or property loss statements.  Rather, a jury is to consider the extent of the loss of association and companionship and assign a monetary value to it.  

A claim for loss of consortium is generally supported by deposition or trial testimony of the injured individual and their spouse as to how the injury affected the marriage.  It may however mean that you may be forced to answer some uncomfortable questions.  Topics such as the frequency and/or quality of sexual relations are not off limits when a loss of consortium claim is made. 

If you have questions regarding a loss of consortium claim contact me today for a free no obligation case evaluation.