Loss of consortium is a personal injury claim that can lead to damages for loss of affection and a loss of normal marital relations. Sometimes, loss of consortium claims are also applied to the relationship between a parent and a child.

In most cases, loss of consortium is limited to suing for the loss of love, the loss of sexual relations, or the loss of the services of a spouse. Normally, the spouse will file a lawsuit against the negligent party seeking damages for these losses. An injured spouse can also sue for these damages. Sometimes, the damages are emotional in nature, while other time there is plausible financial loss.

For example, a wife who has been paralyzed in a roller coaster accident can no longer clean her home for her husband. As a result, she may have to hire a housekeeper, costing the family thousands of dollars. In this case, her husband could sue for loss of consortium because his wife can no longer render expected services in the home.

Also, when a spouse loses their ability to operate sexually, this is a key factor in loss of consortium cases. For spouses who intend to remain faithful to each other, the inability to maintain a healthy marriage relationship can be devastating. Individuals who suffer this loss because of another's carelessness automatically have the right to sue and seek compensation.

When parents sue for loss of consortium with their child, the damage is usually limited to circumstances in which minor children are severely harmed. The injuries must be so serious that they interfere with the normal relationship between the children and the parents. For example, if a child falls into a coma after a car accident, this could be labeled loss of consortium because the child is no longer conscious. In this case, parents may be able to sue for compensation based on a loss of consortium claim.

To prove loss of consortium for married couples, the court will determine the value of the loss. They don't want just anyone filing for loss of consortium. Instead, the courts want to know the real emotional pain that each couple is facing due to the loss.

The courts will determine how stable the marriage is, and the couple's individual life expectancy. They will also look at the extent to which benefits of married life were actually lost. For example, a spouse whose husband is in a coma will probably suffer greater financial damages than a spouse whose husband merely broke his leg and expects a lengthy recovery.

Loss of consortium is considered a non-economic damage, which means that it is an abstract amount that is calculated to account for a person's pain and suffering. This means that it is often difficult to calculate loss of consortium.

With financial damages, the courts can calculate the costs of medical bills and lost wages and arrive at a fair, recompensed amount. With loss of consortium, the courts have to determine the "value" of an abstract loss and affix a compensatory amount to it. Depending on your state laws, there may be a cap on personal injury actions for non-economic damages in certain types of cases.

You will want to research your state laws for non-economic damages in personal injury cases to see if any caps apply. Hire a personal injury attorney to fight for you in a loss of consortium claim today. With the right attorney on your side, you will be able to seek assistance in your case and get the reliable representation that you need to seek a high settlement. Use our directory to find a lawyer near you today!