When someone is injured due to someone else’s negligence, the civil courts’ primary way of providing relief is to award damages to the victim. Some of these damages cause financial losses, such as medical bills and lost wages. Others are more subjective in nature and consider the personal impact the accident has had on the victim and their family. Loss of consortium damages fall under this second category.
What Is Loss of Consortium?
The term “consortium” describes important connections between two people. Marital loss of consortium refers to the losses in the marital relationship suffered as a reasonable consequence due to a spouse’s injuries or death. Filial loss of consortium refers to the losses a parent suffers because of their child’s injury or death.
In a personal injury claim, certain parties can seek damages for loss of consortium and financial compensation for the non-economic damages the negligent party caused to the loved one of a personal injury victim.
What Does Loss of Consortium Cover?
A loss of consortium claim can include compensation for various losses the spouse of the injured experiences, such as the loss of:
- Love
- Care
- Affection
- Sexual relations
- Companionship
- Household services
- Support
Filial loss of consortium claims may seek compensation for losing their child’s love, affection, companionship, and services. Children whose parent was injured or killed in a personal injury incident can seek damages for the loss of love, affection, companionship, services, guidance, and support.
Missouri Law on Loss of Consortium Claims
A loss of consortium claim focuses on how the injuries affected the claimant’s relationship with the injured party. In Missouri, loss of consortium claims are considered a separate legal action from the underlying personal injury claim, though they are often filed at the same time. They are subject to Missouri’s five-year statute of limitations, so the claim must generally be filed within five years of the accident.
Who Can File a Loss of Consortium Claim in Missouri?
A personal injury victim can include a claim for loss of consortium for their spouse, or the spouse can file for loss of consortium. Children or parents can also file a loss of consortium claim based on their losses. These same parties can file a wrongful death claim if the victim succumbed to their injuries.
How Are Loss of Consortium Claims Valued?
Juries determine loss of consortium claims by evaluating factors such as:
- The stability of the marriage or relationship
- The extent of the injury’s impact on the relationship
- The victim’s contributions to the household
Juries have broad discretion in determining the value of loss of consortium and other non-economic damages. They often pull from their own life experiences to determine what a fair amount of compensation would be if they suffered similar losses.
How to Prove Loss of Consortium
To win a loss of consortium claim, you must prove that the defendant’s actions caused your loss. In negligence-based cases, this means demonstrating:
- Duty of care: You must establish that the defendant owed your spouse, parent, or child a legal duty of care to prevent them from being injured or killed.
- Breach of duty: You must also prove that the defendant breached their legal duty by doing something or failing to do something that another reasonable person in their position would have done or not done.
- Causation: The defendant’s breach of duty must be the primary cause of the accident.
- Damages: You suffered harm because of the injuries, such as having to take on new household responsibilities or experiencing a change in your marital relationship.
You must prove each of these elements by the preponderance of the evidence, meaning your version of the facts is more likely true than not. An experienced lawyer can help you obtain the evidence you need to prove these damages, including medical records, doctor statements, and testimony regarding the injury’s effects on your life.
Contact Eason Car Accident and Personal Injury Lawyers for a Free Consultation With a Missouri Personal Injury Lawyer
Car accidents, construction accidents, and other types of personal injuries do not just cause physical injuries and financial losses. They can profoundly impact a victim and their family in unique ways. If someone else’s negligence has harmed you or your spouse, you deserve to be fairly compensated for your losses, including loss of consortium.
Contact Eason Car Accident and Personal Injury Lawyers at (314) 932-1066 for a free consultation to discuss whether you qualify for these damages and how we can help.
