“Loss of consortium” is the legal term used to describe lost spousal benefits. This category of damages relates to the losses suffered by the spouses of individuals who get hurt in accidents. These claims seek to remunerate spouses for the hardship and loss they’ve endured after losing the various benefits of having a spouse with them in house and home.
Some of the damages that may fall under the category of loss of consortium include:
Loss of spousal benefits
As a married person, your spouse provides you with the benefit of sexual relations, companionship and emotional support. The loss of this support can be difficult to endure and it could be compensable in certain circumstances.
Loss of household services
You spouse may have performed a lot of helpful tasks around the home related to cleaning, laundry, cooking and more. This labor has a value and if you’re forced to pick up the slack, you may be able to recover the financial value of this lost help around your home.
Loss of child care services
Did your spouse assisted with child care activities like getting your children ready for school and for bed every day, preparing breakfast, lunch and dinner, and driving your kids to and from school? This help has monetary value and you may be able to recover it through a loss of consortium claim.
While you’re struggling to tend to your spouse’s needs as he or she recovers from an accident, don’t forget about your losses too. Consider adding a loss of consortium claim as an addendum to your spouse’s personal injury action.
