Loss of consortium refers to the loss of intangible aspects of a relationship after a severe injury or death. Read to learn how to sue for the loss of consortium.
Under Ohio law, when someone suffers a severe injury or death due to another person’s negligence, their non-injured spouse can sue for a loss of consortium.
What Is the Loss of Consortium?
Loss of consortium refers to the loss of intangible aspects of a relationship, like companionship, love, and affection, following a life-altering injury or death. These claims are not filed by the victim, instead, they are filed by the non-injured spouse to compensate for the emotional hardships caused by their spouse’s injuries.
Loss of consortium claims can be filed after two scenarios, severe injury and wrongful death. Severe injuries are injuries that permanently impact the victim’s life, like brain damage, paralysis, or another catastrophic injury.
Wrongful death is the loss of life due to someone else’s negligence.
Who Is Entitled To Sue?
In Ohio, the spouse of a victim is entitled to sue for loss of consortium. In some cases, a child can also sue for loss of consortium if they lost their parent, however, most of these claims are filed by the non-injured spouse.
In some situations, parents may also be able to sue for loss of consortium if they lose their child due to negligence.
Other family members, such as siblings or grandparents are not able to sue for this claim, even though they can be negatively affected as well.
Situations That Lead to Loss of Consortium Claims
Typically, these claims arise in cases where the injuries or death were caused by someone else’s negligence, such as:
- Medical Malpractice
- Defective products
- Automobile accidents
- Workplace accidents
Damages It Can Compensate For
Loss of consortium is considered a non-economic damage, meaning it compensates for the emotional toll, rather than a financial loss. It acknowledges the intangible losses endured by the non-injured spouse, such as:
Emotional Losses:
- Love and Affection: Diminished emotional connection and support.
- Companionship and Comfort: Loss of shared activities and companionship.
- Guidance and Support For Children: If the victim was a parent, the child may lose crucial guidance and emotional support.
Physical Losses:
- Loss of Service: When a spouse can no longer contribute to household responsibilities, such as chores, home maintenance, and childcare.
- Loss of Intimacy: This includes the impact on physical aspects of the relationship.
Other emotional, and intangible losses can also be compensated for through these damages.
How to Sue for Loss of Consortium
To sue for the loss of consortium, you must take these essential steps beforehand to make sure that you have a strong case.
Step 1: Hire a Personal Injury Attorney
The first step to filing a loss of consortium claim is to consult with a personal injury attorney. These cases are complex, so an attorney will help you navigate the legal process and gather evidence, to ensure you have a strong claim. An experienced attorney will help you through everything from filing paperwork to preparing evidence for trial.
Step 2: Gather Evidence
Building a strong case is essential to show the impact of your spouse’s injuries on your marital relationship. Types of evidence needed include:
- Proof of Marriage: You must prove that you and the injured victim are legally married by providing your marriage license. This is essential because most courts don’t recognize loss of consortium claims for non-married partners, regardless of the length of the relationship.
- Evidence of Injury: Medical records are crucial to show the severity of your spouse’s injuries and their effect on your relationship. These records should show the extent of the injuries, the chance of recovery, and prognosis.
- Personal Testimonies: Firsthand accounts from the non-injured, and injured spouse (if they are alive) are essential in these claims. You will have to explain how your spouse’s injuries affect your emotional and physical relationship, including the loss of affection, intimacy, and shared responsibilities. If able, the injured spouse should provide their perspective on how your emotional and physical relationship has changed after their injuries.
- Witness Testimonies From Friends and Family: Close friends and family may be asked to make statements about how the accident has affected you and your spouse’s relationship. They can reveal noticeable changes in family dynamics or your emotional connection to your partner.
- Photos and Videos: Documentation of your “new normal” is a great way to visually show how your daily life has changed. These could include moments of difficulty or adjustments that had to be made, so the courts can visually see your losses.
Your attorney will be able to guide you on any additional evidence needed to prove the claim.
Step 3: Understand the Scrutiny Of Your Relationship
Loss of consortium claims requires a deep examination of your relationship, meaning a lot of personal details will be brought to life. Be prepared to answer sensitive questions, since the defense will try to weaken your case by examining your relationship’s history and stability.
Some questions may include:
- How long were you married?
- What activities did you regularly do together?
- Have you ever had an affair, or has your spouse had an affair?
- How often were you and your partner intimate, how often are you intimate now?
- Did you have a stable marriage?
- Did you ever go to marriage counseling?
- Was there ever abuse in the relationship?
- How often did you argue, and what did you argue about?
These questions may be asked to the non-injured and injured spouse. If any answers conflict the defense can use this against you to show that your relationship had issues before the accident.
Additional Considerations
Suing for this claim can be emotionally taxing, by bringing up personal details of your relationship. Discussing this with your attorney can help you prepare to answer these hard questions and decide if you want to pursue this claim.
How Much Is a Loss of Consortium Claim Worth?
Putting a monetary value on loss of consortium claims can be challenging. The amount awarded is determined by a judge or jury who may have varying opinions on what is fair compensation.
Factors that influence the value of a loss of consortium claim include:
- The extent of the spouse’s injuries.
- The length of marriage.
- The stability of the marriage.
- The life expectancy of both spouses.
In Ohio, non-economic damages are generally capped at $350,000, except in cases involving catastrophic injuries like paralysis or permanent brain damage. For these cases, there is no cap on non-economic damages.
How The Mellino Law Firm Can Help
We recognize that the loss of companionship is devastating and overwhelming. While nothing can undo your spouse’s injuries, we are here to help you receive justice and fair compensation for the emotional pain you’ve endured. At The Mellino Law Firm, we’re committed to supporting you every step of the way.
Contact our firm today at (440) 333-3800 or fill out our online contact form and we will reach out to you as soon as possible.