When a loved one experiences a serious injury, navigating life after the incident can be much different than before the accident. In fact, you may feel as if your relationship with your loved one has been forever changed. If this has been your experience after a loved one’s injury, you may be able to bring a claim for yourself – this type of claim is called a loss of consortium claim.
What Is Loss of Consortium?
Loss of consortium claims are typically filed by the spouse of the injured party. The intent is to financially compensate you for the damage the injury has caused to your relationship, as well as replace the loss of any services your loved one would have supplied had he or she not received an injury. Losses considered typically include:
- Loss of economic contribution by the injured person
- Loss of care and affection
- Loss of sexual interaction
In Oregon, most loss of consortium claims are considered part of a larger personal injury or wrongful death claim. The state also permits you to file a loss of consortium claim for injuries to other close members of your family besides the spouse. Under the right circumstances, you may be able to file a loss of consortium claim for the following people:
- Dependent family members, including siblings
How Can You Establish Loss of Consortium?
While an injury to any loved one can cause negative effects on your life and your relationship with them, you must prove significant economic and emotional/relationship losses occurred as the result of the injury. If you choose to file a loss of consortium claim, the defendant’s attorney will ask multiple questions regarding your relationship, including the state of your relationship before the injury, any prison time, counseling, or issues within the relationship, and more. You must satisfy the court that you have experienced economic hardship and significant losses of love and affection.
For more guidance regarding the loss of consortium, or to determine whether you should include a loss of consortium claim in your personal injury lawsuit, it is best to speak with a qualified personal injury attorney. Contact the experienced personal injury attorneys at Shlesinger & deVilleneuve to request a free case evaluation.