What is Loss of Consortium?

Loss of consortium is a type of damage that may be available in many personal injury cases in Connecticut. Under state law, loss of consortium refers to the loss of a spouse’s companionship, affection, society, and the value that arises from the marital relationship. Marriage is a partnership, and when one partner is injured, the relationship may suffer greatly. Loss of consortium claims address not only the loss of services a spouse provides but also the emotional and relational loss experienced as a result of an accident.

When one spouse is severely injured, the other spouse may face a profound loss of affection, emotional support, and shared experiences. These losses can completely change the dynamics of a marriage, and Connecticut law allows spouses to seek compensation for these damages.

Understanding Loss of Consortium

Many people mistakenly believe that loss of consortium is solely about the loss of physical intimacy. While physical affection can be a part of the claim, the scope of loss of consortium is much broader. It encompasses the loss of the day-to-day shared activities and emotional connection that define a marriage.

Examples of losses that may be included in a loss of consortium claim:

• Reduced ability to communicate and connect emotionally with your spouse.
• Additional burdens due to your spouse’s medical needs, such as assisting with mobility, personal care, or medical treatments.
• Inability to engage in shared social activities or hobbies you enjoyed prior to the accident.
• Taking on household chores or childcare responsibilities alone, without the help of your spouse.
• Increased stress or emotional strain caused by the changes in your relationship and your spouse’s condition.

If your relationship has been affected in any way after an accident, you may have grounds for a loss of consortium claim. This type of non-economic damage is deeply personal and should be compensated to its fullest extent.

Talking to a Jury About Loss of Consortium

Explaining the impact of loss of consortium to a jury can be challenging. It often involves discussing personal and intimate details of your marriage, which may feel uncomfortable. However, it is important to convey the extent of the damage caused by the accident to help the jury understand how your relationship has changed.

For example, if you and your spouse regularly engaged in activities like weekend outings, but those are no longer possible due to the accident, you need to illustrate how this has affected your relationship. Similarly, if you’ve had to attend marriage counseling or therapy to cope with the changes, this can be an important part of your claim.

While it may feel awkward to share these details, it is essential to demonstrate to the jury the emotional and relational toll the accident has had on you and your spouse. Loss of consortium claims are about highlighting the profound impact on your life, and there is no shame in advocating for the justice you deserve.

Who Can Claim Loss of Consortium in Connecticut?

In Connecticut, loss of consortium claims are typically limited to spouses. Unlike some other states, Connecticut does not generally extend this type of claim to children or dependent parents. Additionally, the couple must be legally married for a loss of consortium claim to be valid. Unfortunately, this means that significant others or partners in long-term relationships who are not married may not be eligible.

Calculating Loss of Consortium Damages

Determining the monetary value of a loss of consortium claim can be complex because it involves deeply personal, non-economic damages. Since these losses cannot be easily quantified, it is up to the judge or jury to assess the reasonable value of the claim. They will consider factors such as:

• The nature and quality of the relationship before the accident.
• How the relationship has changed as a result of the injury.
• The life expectancy of both spouses, especially if the injury or accident resulted in death.

Loss of consortium damages can be significant, particularly for younger couples or those whose relationships have been drastically altered by the accident. While no amount of money can fully replace the loss, compensation can help you move forward and regain stability in your life.

Why You Need Legal Representation

Insurance companies often undervalue or deny non-economic damages like loss of consortium. They have little interest in understanding the emotional and relational impact of your loss and will typically offer the bare minimum in settlement negotiations. To ensure you are fairly compensated, it’s critical to have an experienced attorney advocating on your behalf.

At Bert McDowell Injury Law, we are dedicated to pursuing the maximum compensation for all damages you are entitled to, including loss of consortium. We understand how deeply these losses can affect your life, and we are committed to helping you get the resources you need to heal and move forward.

Contact Bert McDowell Injury Law Today

If you believe you have a loss of consortium claim in Connecticut, don’t wait to seek legal help. The team at Bert McDowell Injury Law has the knowledge and experience to guide you through the claims process and fight for the compensation you deserve. Call us today at 475-231-3274 or contact us online to schedule a free consultation. Let us help you protect your rights and secure the justice you deserve.