As the spouse of an injured person, you undoubtedly have felt the effects an injury can have on a family.  Whether it’s taking time out of your day to drive your spouse to doctor’s appointments, doing extra chores around the house, or a lack of intimacy, an injury can have dramatic effects on a marriage. Fortunately, Pennsylvania law allows the spouse of an injured person to recover damages under the phrase “loss of consortium”.

A loss of consortium is the loss of association and companionship with one’s husband or wife.  A claim for loss of consortium, similar to a claim for pain and suffering, is somewhat arbitrary. In other words, medical bills or property loss statements will not accurately determine the amount of damages.  Rather, a jury considers the extent of the loss of association and companionship and assigns a monetary value to it.

A claim for loss of consortium is generally supported by deposition or trial testimony of the injured individual and their spouse as to how the injury affected the marriage.  It may, however, mean that you may have to answer some uncomfortable questions.  Topics such as the frequency and/or quality of sexual relations are not off limits in a loss of consortium claim.

Please give us a call if you have any questions about the rights of the spouse of an injured person.