If your loved one was injured or killed in an accident, the law recognizes your ability to seek compensation for the losses you’ve incurred as a result. One of these damages is for loss of consortium, which refers to intangible benefits you lost from the relationship you formerly enjoyed with your spouse, parent, or other family member.
If a loved one is injured or killed due to someone else’s negligence, you may be entitled to damages for the loss of companionship, affection, and support that you once enjoyed.
Damages in Personal Injury Cases
Damages are generally divided into two main categories in Louisiana: economic and non-economic damages.
Economic damages refer to measurable losses like medical bills and lost wages. Non-economic damages are intangible and include pain, suffering, and loss of consortium.
What Is Loss of Consortium?
Loss of consortium refers to the loss or impairment of the relationship. In some circumstances, family members who cannot enjoy the benefits of the relationship because of the injuries can make a civil claim for loss of consortium.
Louisiana law states that anyone who negligently harms another is responsible for the damages they cause and that these damages can include loss of consortium.
A loss of consortium claim seeks compensation for the disruption of the relationship caused by a serious injury or death.
What Loss of Consortium Covers
Most people think of loss of consortium as loss of sexual relationships, but this type of claim can include many different types of losses people experience after their loved one sustains injuries.
A loss of consortium claim can seek compensation for the loss of:
- Companionship
- Love
- Affection
- Guidance
- Society
- Services
- The ability to continue a normal marital relationship
For example, if a victim was paralyzed in a truck accident, they may not be able to enjoy the same level of intimacy with their spouse and children. Children lose the guidance, support, and love they had previously with their parent before the injury. A person can also lose the aid and assistance in helping raise their children if their spouse is injured. These losses can be included in loss of consortium claims.
Who Can File a Loss of Consortium Claim in Louisiana?
Louisiana law states that people who stand to recover compensation for loss of consortium claims are the same people who can recover compensation in a wrongful death claim.
This includes:
- Spouses
- Children
- Parents
- Siblings
- Grandparents
The laws of intestacy determine how the proceeds from wrongful death claims are split.
Proving Loss of Consortium
You must be able to establish the following legal elements to prove loss of consortium:
- Your family member was injured or killed by the defendant’s actions
- You have one of the relationships established by law to allow you to file this type of case
- You suffered a loss of services, companionship, or society because of your loved one’s injury
- The defendant’s actions caused your losses
Your personal injury lawyer can gather evidence to prove your claim, such as:
- Your testimony
- The victim’s testimony
- Pictures and videos that show the activities you used to be able to enjoy with your victim
- Statements from friends, family members, coworkers, and others familiar with you about how the accident has affected you
- Mental health professionals’ notes and testimony, if you agree to waive confidentiality
- Journal entries that describe how your relationship has been affected because of the injuries
Sometimes, personal injury lawyers may hire expert witnesses to provide additional support for clients’ cases.
What Is the Value of a Loss of Consortium Claim?
Because loss of consortium is non-economic damages, it can be difficult to assign it a specific monetary value. These damages are intended to compensate the claimant for a loss or disruption of their relationship with the victim.
Judges and juries can evaluate various factors to assign a value to these damages, such as:
- The type and severity of the injuries
- The type and quality of the relationship between the family members before the accident
- The services the victim can no longer provide
- The effects the injuries had on the victim’s ability to express love, care, and affection
- How the injuries affected the relationship
An experienced personal injury attorney can help your family recover fair compensation.
Contact Us for Help with Your Loss of Consortium Claim
If your loved one was injured or killed due to the negligence of another, they should have to pay for the harm they’ve caused. An experienced lawyer from The Law Office of John W. Redmann, L.L.C. can evaluate your situation and explain if you have valid grounds to raise this type of legal claim. We can discuss your legal rights and options during a free case review. Call us at (504) 500-5000 for more information.