“Loss of consortium” is a legal phrase referring to the inability of a married couple to engage in an intimate relationship due to physical or psychological injury that a third party has caused. A loss-of-consortium claim seeks compensation for that loss.
In many cases, a loss-of-consortium claim may be filed by the spouse of an injured person. However, this is not allowed in Virginia. In our state, the injured party alone may seek damages for loss of consortium.
As with other types of non-economic damages, recovering compensation for loss of consortium requires presenting evidence that persuades the jury or insurance company that the payment is warranted. Each case is different. The amount of compensation will vary depending on many factors.
This is why it is important to have experienced and dedicated personal injury attorneys handle your case. When Geoff McDonald & Associates assists you, you can be assured that we will pursue every opportunity for obtaining the compensation you deserve.
To schedule a meeting, contact us today by phone or online. Our initial consultations are always free and confidential.
Damages for Injury to Your Marriage
A loss-of-consortium claim is based on loss suffered by a married couple as a whole. There are many physical, emotional or psychological injuries that can make it impossible for a couple to engage in marital relations temporarily or on a permanent basis.
It is up to the jury or the insurance company to decide what monetary value to place on the loss. It is the job of a personal injury attorney to persuade a jury or the insurer of their client’s pain and suffering due to loss of consortium.
But there must be evidence of the loss. In this case, it would be evidence concerning the intimacy of the relationship. Rather than a detailed accounting of a married couple’s physical relationship, the injured spouse might testify about the emotional loss from a lack of closeness. Friends and family might be called upon as well to testify about their admiration for the couple’s relationship.
A loss-of-consortium claim may not be advisable if there is tangible evidence of a shaky marriage or domestic strife such as a prior separation or a filing for separation. These matters must be discussed and considered prior to pursuing loss-of-consortium damages.
If a loss-of-consortium claim is to be a part of your personal injury lawsuit, our legal team at Geoff McDonald & Associates will work with you to prepare the most solid case possible.
Contact a Richmond Loss-of-Consortium Attorney
If your injury in an accident has led to loss of consortium, having an experienced law firm on your side can play an important role in your ability to recover just compensation.
The personal injury attorneys of Geoff McDonald & Associates have been helping injured clients and their families in Richmond and across Virginia for more than 20 years. We want to help you, too.
Our goal is to identify and pursue all of the compensation you are due after a serious accident disrupts your life. Call us today or submit our online form for a free consultation about the legal options available to you.