Getting Compensated for Loss of Consortium Damages in a Personal Injury Lawsuit

In addition to compensation for medical bills and lost wages, victims of a serious personal injury that arises from someone else’s negligence can also pursue non-economic damages. One example of a non-economic damage is loss of consortium. This type of claim is also referred to as “loss of affection” and may be pursued by members of a victim’s family and other loved ones who are close to the victim. If the victim passed away due to negligence, those close to him or her should consider pursuing this type of claim. 

What is Loss of Consortium?

A loss of consortium claim is most often brought by the spouse of the victim of serious personal injury. The idea behind this type of damages is that an individual who is the victim who suffers a catastrophic and debilitating injury is not able to contribute to his or loved ones or around the home as once was possible. In Alabama, loss of consortium is loosely defined as the loss of companionship, comfort, assistance, company, or intimate relations for the uninjured spouse. 

Time Limits and Caps

In Alabama, there is a two-year statute of limitations on bringing a personal injury or wrongful death claim. It is usually advisable for the spouse of the victim to bring the loss of consortium claim when claims for other damages are filed for. In addition to a possible statute of limitations, there may be a monetary limit on loss of consortium claims. Many insurance policies address the limit they will pay out regarding derivative claims, such as loss of consortium. There may be a much higher limit if the personal injury or wrongful death was due to medical malpractice. 

Relationship Requirements

Unfortunately, a valid marriage between spouses is usually required for a successful loss of consortium claim. To help prove you are entitled to this type of damages, you should attempt to prove that the marriage to your spouse is or was stable and loving. The jury will also scrutinize the life expectancy of you and your spouse in addition to the companionship provided by the victim prior to injury. 

Contact a Quality Personal Injury Attorney

Losing the love of your life to a serious personal injury or death affects you in many ways that cannot be quantified. One way you might be eligible for non-economic damages is by filing for loss of consortium. To prove this, though, you will need the services of an Alabama attorney who knows the laws and can negotiate a payout with which you are satisfied. Attorney John Totten is experienced in recovering different types of damages and would be honored to represent you or your spouse in a personal injury case. Our firm offers free consultations in this area of law, so please contact us soon to get started.

Written by John M. Totten

John M. Totten

John's office is in Athens, Alabama, where he has helped thousands of people in North Alabama with everything from family law issues, to catastrophic injury and death cases, to criminal defense.