What is a loss of consortium claim?

Married Ohio residents who have been injured in an auto accident may be able to have their spouses file a separate, but related, claim for loss of consortium. These claims are generated when the victim spouse’s injuries negatively affect their relationship with their spouse to the point that this spouse also experiences damages from the wreck.

In some cases, others may also be able to file their own loss of consortium claims after an accident. That’s because the term refers to the loss of services and support that the accident victim previously offered freely to their spouse and/or children prior to the accident. Especially if an accident is very serious and the victim suffers a traumatic brain injury (TBI), the level of love and emotional support that is forthcoming to their family members, such as their children, may change radically. If so, the family members deserve compensation for their losses and damages, too.

Below are some damages that may be covered by a loss of consortium claim after an accident:

• Financial losses from a lack of income generated by the injured spouse
• Loss of guidance for children whose parent was incapacitated by the accident
• Loss of household services, i.e., cleaning, cooking and other homemaking tasks
• Loss of affection, in the cases where the injuries rendered the person unable to reciprocate affection from their spouse or children
• Loss of sexual relationship for the spouse who can no longer be intimate with the injured spouse

Your personal injury attorney can delve further into this aspect of your claim to see whether filing a loss of consortium claim is appropriate in your case.