Plaintiffs in personal injury and wrongful death cases can be compensated for loss of consortium, a type of non-economic damage that tries to account for the impact an injury or death had on a spousal relationship. It is a noneconomic damage, which tries to compensate people for the physical and emotional distress they experience as the result of someone else's negligence. Loss of consortium is typically sought in cases involving a fatality, or permanent disability like paralysis where physical affection and service are no longer possible.
Merriam-Webster defines "consortium" as:
the legal right of one spouse to the company, affection, and assistance of and to sexual relations with the other
While no amount of money can truly compensate you for the loss of spousal affection, you can make a financial recovery for loss of consortium in order to get some sense of justice. If one spouse is injured, the other spouse's loss of consortium claim is included in the injured spouse's personal injury claim.
Both 735 ILCS 5/2-1115.2 and Missouri Revised Statute §538.205 include loss of consortium in their definitions of noneconomic damages. In Novak v. Kansas City Transit, Inc., 365 S.W.2d 539 (Mo. 1963) and Schrock v. Shoemaker, 159 Ill. 2d 533 (1994), Missouri and Illinois courts determined that loss of consortium claims can be made for:
- Loss of services, like household chores or taking the kids to school
- Loss of companionship
- Loss of care, love affection
- Loss of sexual intercourse
It can also incorporate the grief of seeing your spouse suffer and making lifestyle changes to accommodate the spouse's needs. In order to prove loss of consortium damages, your lawyer will take depositions from both spouses and possibly get to know other members of your family, in order to develop a clear picture of how your marriage has changed because of the injuries.
It is essential to have an experienced and aggressive lawyer by your side when making a loss of consortium claim. It is possible to win a personal injury case, but lose the loss of consortium claim; your attorney's argument to the court and/or jury will have to be meticulous and heartfelt.