“Loss of consortium” is one among many elements that might make up a personal injury claim. In Colorado, the term “loss of consortium” refers to the loss of sexual relations, moral support, companionship, and affection from your spouse as a result of a personal injury.
Most people who qualify for loss of consortium compensation don’t even realize it, but the value of your claim might be significant.
Loss of Consortium is a Derivative Claim
Loss of consortium is a derivative claim. In other words, it’s a claim that one spouse adds to the other’s personal injury lawsuit, even though the claimant spouse may not have suffered an injury. You cannot win your loss of consortium claim unless your spouse wins their personal injury claim.
Suppose your spouse is injured in a car accident, for example. A traumatic brain injury (TBI) arising from the accident might have deprived your spouse of the ability to speak. This, in turn, would deprive you of your spouse’s companionship.
This deprivation can be the basis for your loss of consortium claim. However, note that you can lose your loss of consortium claim even if your spouse wins their personal injury claim.
You Can File a Loss of Consortium Claim in Response to a Wrongful Death
Most of the time, a spouse files a loss of consortium claim in response to an injury suffered by their spouse. Nevertheless, you can also file a loss of consortium claim if your spouse died as a result of the accident.
Other close relatives of your spouse can also file a wrongful death claim, but they cannot file a loss of consortium claim. Unlike some states, Colorado allows only the spouse to file for loss of consortium.
How To Prove the Defendant Is Liable for Loss of Consortium
To win a claim for loss of consortium, you must prove all of the following facts.
- You and your spouse were validly and legally married at the time of your spouse’s injury or wrongful death. You don’t have to be married at the time you file your claim.
- Your spouse was injured due to someone else’s wrongful conduct. Typically, this means negligence (carelessness), but it can also be an intentional act such as murder.
- You suffered a loss of affection, companionship, and moral support due to your spouse’s injury or death. This can be challenging to prove.
- Your spouse’s injury or death was the proximate cause of your loss of consortium. It cannot be something that would have happened anyway.
You must prove each of the above-listed facts by a “preponderance of the evidence” (more likely than not). The only exception is proving the loss of affection, companionship, and moral support, which you must prove by “clear and convincing evidence.”
The ”clear and convincing evidence” standard is considerably more difficult to meet than the “preponderance of the evidence” standard. However, it is still easier than the “beyond a reasonable doubt” standard in criminal cases.
How To Prove the Amount of Your Loss of Consortium Claim
A court will consider the following factors when valuing your loss of consortium claim:
- How long you’ve been married;
- The remaining life expectancy of both of you (in other words, how many years of “consortium” you would have enjoyed if not for the accident);
- The seriousness of your spouse’s injuries; and
- The extent to which your spouse can no longer perform previous duties or interactions (including sexual relations).
Your spouse might have to testify to establish your claim. You will almost certainly have to testify.
Available Damages
A loss of consortium claim can generate the following compensation:
- Non-economic damages, such as loss of companionship, friendship, intimacy, and sexual relations;
- Compensation for caring for the injured spouse; and
- Loss of services that the injured spouse once performed but can no longer perform, such as caring for children.
Loss of consortium damages can be substantial.
A Lakewood Personal Injury Will Fight for Your Right to Compensation
It’s not whether you win or lose; it’s how much you win. After all, compensation of $1 technically counts as a “victory,” but it is hardly satisfying. Ultimately, what matters is whether the amount you take home truly compensates you for your losses. And loss of consortium can be a tricky claim to prove.
Since a Lakewood, Colorado, personal injury lawyer won’t charge you a dime in legal fees unless they win money for your case, it makes sense to seek a free initial consultation at your earliest convenience by contacting a personal injury lawyer from Matos Personal Injury Lawyers at (720) 912 7274.