In Colorado, loss of consortium refers to the loss of moral support, affection, companionship, and sexual relations suffered by a spouse. It is an important element in personal injury claims as it could substantially impact compensation. If your spouse sustained injuries in an accident caused by another party’s negligence, you could pursue a loss of consortium claim.
Defining Loss of Consortium
The support and comfort spouses offer one another is unique. In some cases, injuries sustained in an accident could severely impact the relationship between spouses, robbing them of physical intimacy, protection, care, or even the ability to have children. Recoverable damages in loss of consortium claim include:
- The loss of services your spouse provided, such as household work and childcare
- The cost of providing caregiver services for your spouse
- Financial compensation for the loss of companionship, affection, and sexual relations with your spouse
Loss of consortium can occur in many ways in a personal injury case. For example, if your spouse suffered injuries in a car accident that caused permanent paralysis, you may be unable to reestablish a normal relationship. Not only would this impact physical intimacy, but your spouse may no longer be able to manage housework or personal care independently. If you share children, you would need to provide the care they need without the help of your spouse.
Factors Considered in Loss of Consortium Claims
There are several factors considered in a loss of consortium claim. When determining how much should be awarded to a spouse, a jury or judge will examine the following:
- The length of your marriage
- The life expectancy of you and your spouse
- The severity of the injuries your spouse suffered
- How your spouse’s injuries impact their ability to perform duties, functions, or the interactions they were previously capable of performing
Evidence Needed for a Loss of Consortium Claim
A substantial amount of evidence is needed to support a loss of consortium claim. The same evidence may also be used in a wrongful death lawsuit if your spouse died as a result of their injuries. Necessary evidence to recover compensation for your loss of consortium includes:
- You will need a valid legal marriage at the time of the injury.
- Your spouse’s injuries must have been caused by another person’s negligence or intentional act.
- You must explain how your relationship with your spouse changed as a result of their injuries. It is often a difficult step in the process due to the amount of detail that must be provided.
- The life expectancies of you and your spouse will need to be analyzed to determine the value of your claim.
Loss of consortium falls under the category of non-economic damages, which means the awarded amount can be capped under Colorado law. An experienced attorney will work to maximize the amount of compensation you receive.
Our Colorado Springs Personal Injury Team Can Provide the Help You Need
At The Bussey Law Firm, P.C., we understand the difference proper compensation can make for you and your spouse during this difficult time. If you have decided to file a loss of consortium claim, seek the legal counsel of a skilled personal injury attorney as soon as possible to assure you attain the most favorable outcome.
Our team in Colorado Springs will provide the compassion, support, and knowledge you need to navigate this process as smoothly as possible. Contact our law office today at (719) 401-0585 to schedule a free consultation.