Loss of Consortium Claims - St. Louis Car Accident Lawyer

In car accident cases where injuries are fatal or severe enough to alter an injured victim’s marital life, a loss of consortium claim can be filed, along with the primary claim. At times, they are included by default along with the primary claim, and are only left out if specifically instructed to do so.

What is a loss of consortium claim?

By law, the spouse of an injured victim is entitled to compensation for loss of companionship or loss of the comfort of a normal family life.

While sexual relation may form an integral part of the case, other factors like the injured spouse’s inability to perform usual household duties, disruption of harmonious marital life due to changes in personality, etc. are as important and are important aspects of a loss of consortium case. Loss of consortium claims exist as long as the primary claim exists, typically making them derivative claims. Once the primary claim is settled, the loss of consortium claim generally becomes inconsequential.

Factors influencing a loss of consortium claim

A loss of consortium claim depends upon a number of factors that the husband, wife and their attorney should consider.

• The first factor is how valuable the primary case is. A more serious injury will have a higher impact on a person’s marital life; hence it will increase the value of a loss of consortium claim as well.
• The second most important consideration is the state of the marriage prior to the injury.
• Thirdly, the extent of effect the injury on the marriage, or how the injury has harmed the marriage will determine the value of the loss of consortium claim.

Despite the aforementioned factors, in a case where the insurance policy bases its limitations solely on the primary plaintiff’s injuries, a loss of consortium case may hold no weight. If the insurance has a split per person/per accident policy limits, the insurer will likely cap the consortium policy under the same per person limit as the injured plaintiff’s claim. Therefore, since most automobile insurance companies have this policy, a consortium claim brought as part of an injury claim that is already worth “policy limits” may not hold any weight, and the insurer offers the same settlement it would have without the consortium claim.

Exception

However, for cases that reach trial, a consortium claim add weight, as jurors tend to assign damages to the injured party and the spouse separately as they avoid the risk of cannibalizing part of the primary plaintiff’s claim to pay the consortium plaintiff, where the consortium amount depends on the primary plaintiff’s settlement.

Cons of loss of consortium claim

The loss of consortium claim presents a number of downsides.

• First, a loss of consortium claim opens up a path to painful and embarrassing questions, especially details about the couple’s sexual life before and after the injury.
• Previous difficulties faced by the couple in their marriage could be brought up.
• Loss of consortium can lead to a conflict of interest for the couple, leading to legal difficulties. Filing for a loss of consortium claim indicates that a marriage is undergoing strain. In such cases conflict could make it difficult, legally, for a lawyer to take sides where both, the husband and wife are clients.
• Settlements for loss of consortium claims and the primary claim are usually paid out by the insurer in a lump sum, which could cause issues if marital stability is a worry.

Loss of consortium claims, though they sound more problematic than they seem to be, can add value to an injury case. However, it depends upon the primary plaintiff and the spouse to evaluate the pros and cons in the case by speaking with an experienced St. Louis car accident lawyer.