In every personal injury case, the victim suffers different types of losses. Common damages include medical expenses, lost income, physical pain, emotional suffering, scarring, disfigurement, and property damage. One damage claim that most victims don’t think about is called “loss of consortium.” In simple terms, this means the inability to consort with your marital partner. In Tennessee, such a claim ranges from loss of services in the household, loss of companionship, and loss of intimate relations.
Who can file a loss of consortium claim?
As part of an injured victim’s case, his/her spouse can file a loss of consortium claim in a personal injury case. A spouse of a deceased victim is entitled to loss of consortium damages as part of a wrongful death case. A girlfriend/boyfriend or fiancé cannot file a loss of consortium claim.
How do you prove a loss of consortium claim?
A loss of consortium claim is often delicate since it requires conversations about sexual intimacy. Generally, in depositions and/or trial a spouse will be called to testify. Some of the factors that will be addressed by the lawyers for both sides are:
- The length of the marriage
- The age of the spouses
- Whether there are any children in the marriage
- The household duties of each spouse
- The severity of the physical injury
- Showing that the marriage is a loving and stable marriage
- Stating how each spouse cared for the other spouse
- The life expectancy of each spouse
Generally, lawyers don’t get directly involved with the specifics of the intimate relations unless the spouse intends to testify about it to a jury.
At Delius & McKenzie, PLLC, our Sevierville personal injury lawyers understand how even a minor accident can change your life. We demand damages for everything that is changed (including loss of consortium) because a driver, a property owner, or someone else caused you harm. For help with any accident case, call (865) 428-8780 or complete our contact form to make an appointment. We represent injury victims and the families of deceased victims – in Sevierville, Seymour, Gatlinburg, Pigeon Forge, and the surrounding Tennessee areas.
Attorney Bryan E. Delius was born and raised in Sevier County, TN. He founded Delius & McKenzie more than 20 years ago, after receiving his JD from the University of Tennessee at Knoxville. He is admitted in Tennessee and in several federal court systems. Learn more about Bryan E. Delius.
