Loss of consortium refers to the damage sustained to your relationship because of an injury to you or your spouse. Many attorneys consider loss of consortium to be the loss or decrease of a sexual relationship. However, loss of consortium also refers to the loss of care, companionship, and affections of a loved one, whether or not there is a decrease or loss of a sexual relationship.
Who Can You Recover Damages Loss of Consortium For?
- Parental Consortium : Some states have recognized the loss of a relationship between a child and a parent. In other words, a child may be able to sue for the loss of the parent's care, companionship, and affections because it affects the child's development, welfare and personality for the rest of his life.
- Some states only grant loss of consortium damages where the parent died while other states recognize consortium damages where the parent was severely injured.
- Some states grant loss of consortium damages to only minor children; others grant consortium damages in suits by adult children.
- Unmarried Partners and Couples : Although there have been efforts in some jurisdictions to extend loss of consortium to same sex partners or unmarried couples in a permanent relationship, for the most part these efforts have been unsuccessful. Consult a lawyer who can tell you if you can receive loss of consortium damages for your partner in your state.
- Grandparents: Some states recognize the rights of grandparents to their grandchildren in limited circumstances.
Do I Need a Lawyer to Recover Damages for Loss of Consortium?
The laws that regulate loss of consortium are complex and vary from state to state. An experienced personal injury lawyer can help you understand your state's laws. A personal injury attorney can also represent you in court.