Spinal Cord Injury Lawyers
Loss of Consortium
Loss of consortium is finally recognized in most jurisdictions. In lay
terms, loss of consortium or “trauma to the marital relationship”
recognizes the fact that due to injury, a spouse may not be capable of
performing those tasks as pre-morbidly performed.
The claim of loss of consortium establishes the right of one spouse to
state a cause of action for loss of companionship, emotional support,
love, and sexual relations caused by a negligent or intentional injury
to the other spouse by a third party. Disparagingly described as “sentimental”
or “parasitic” damages, the mental and emotional anguish caused
by seeing a healthy, loving, companionable mate turned into a shell of
a person is real enough. To describe the loss as “indirect”
is only to evade the issue.
The loss of companionship, emotional support, love and sexual relations
are real injuries. There may not be deterioration in the marital relationship,
but it will certainly alter it in a tragic way. Even in the case of a
husband, the “sentimental” images may dominate over the loss
of support or material element. Thus, these damages are certainly not
“parasitic” and to so describe them is inaccurate and cruel.
Historically, damages for loss of consortium were not viewed with favor.
Today, virtually all jurisdictions universally recognize loss of consortium claims.
Counsel should always include such a claim, where appropriate.
If you or someone you know has suffered a spinal cord injury or serious
injury to the spine, you need the assistance of the Scarlett Law Group.
Contact us today to speak with a San Francisco personal injury attorney.