When Can You Sue for Loss of Consortium in Pennsylvania?

Non-economic damages are common in various injury cases, and the injured person is not the only one who may claim them. In some cases, a spouse may claim damages for the loss of consortium if their spouse is badly injured or the victim of wrongful death.

The loss of consortium refers to claims related to the loss of certain aspects of a private, intimate relationship. In Pennsylvania, a spouse can typically claim loss of consortium. Without a valid, legal marriage, it may be difficult or impossible to claim this loss. On top of that, for a spouse to claim loss of consortium, their spouse must either have a severe injury or have passed away in an accident.

Ask our Philadelphia personal injury lawyers for a free, private case review when you call The Reiff Law Firm at (215) 709-6940.

What Kind of Cases Involve Claims for a Loss of Consortium in Pennsylvania?

The loss of consortium can be a tricky claim, and it might not be available in every case. Below are some important factors to consider when claiming the loss of consortium.

Valid Marriage

In Pennsylvania, only a spouse may claim loss of consortium related to the other spouse’s injuries. The claim often arises because the injured spouse is no longer capable of providing or engaging in certain intimate aspects of the relationship.

For example, if a person suffers a traumatic brain injury in an accident, their spouse may file a loss of consortium claim because they can no longer have marital relations with their spouse and must adjust their life to provide the care their spouse now needs.

A Personal Injury or Wrongful Death

A claim for the loss of consortium is known as a “derivative claim.” It hinges on the existence of a primary personal injury or wrongful death claim. The loss of consortium claim cannot legally exist without some injury to your spouse. Many cases involve severe injuries or even wrongful death.

Actual Loss

Loss of consortium requires an actual loss. The injury must somehow prevent your spouse from engaging in the marriage and your relationship in a meaningful way. For example, someone with a severe brain injury may live with cognitive disabilities that prevent them from engaging in intimacy with their partner, and their spouse may claim loss of consortium for the loss of intimacy and companionship.

However, if a spouse is injured but their overall life and marriage is relatively unchanged, their spouse likely cannot claim loss of consortium. As such, loss of consortium claims often involve very severe injuries or death.

What Kind of Damages May be Involved in a Loss of Consortium Claim?

Loss of consortium is a somewhat complex claim, as it involves numerous losses and painful experiences. As a result, each loss of consortium claim is unique.

Loss of Intimacy or Marital Relations

Many spouses claim loss of consortium related to the loss of intimacy and marital relations with their spouse. Their spouse may be so badly injured that they are incapable of engaging in physical intimacy, which is an important part of a marriage.

Loss of Companionship

You may also claim a general loss of companionship and society. When a person is so badly injured that they can no longer meaningfully engage in a relationship with their spouse, the spouse can claim the loss of their companionship, love, friendship, and affection.

Changes in Lifestyle

Your claims may focus on how you have had to adjust your lifestyle to accommodate your injured spouse’s condition. For example, your spouse may be unable to care for themselves independently, and you may need to adjust your career and lifestyle to provide for their care.

You can also consider how the sudden death of your spouse in a wrongful death case may require the surviving spouse to change the way they live.

What Kind of Cases May Involve Loss of Consortium Claims?

Many cases that involve the loss of consortium stem from severe injuries or the death of a spouse.

Traumatic Injuries

Traumatic brain injuries (TBIs) often involve claims for the loss of consortium filed by the victim’s spouse. TBIs often leave victims cognitively impaired, and severe cases may involve victims who can no longer care for themselves.

Spinal cord injuries are also common in these kinds of cases. If someone becomes paralyzed, they might be unable to engage in intimate relations with their spouse, which is a major element in loss of consortium cases.

Medical Malpractice

You may also file a claim for the loss of consortium if your spouse is the victim of medical malpractice. Many such cases involve patients who pass away because of medical negligence. Others might involve patients who never wake up from surgery or end up in comas.

If your loved one passed away because of medical negligence, or a doctor so badly injured them that they experience severe, lifelong complications, you should get a lawyer immediately.

Wrongful Death

When a person passes away after an accident, their spouse is left to pick up the pieces of their life. When filing a wrongful death case, a surviving spouse can and should include claims for the loss of consortium.

What Evidence Do You Need to Prove Claims for the Loss of Consortium?

Claims for the loss of consortium rely heavily on evidence of your spouse’s injuries. We may need their medical records to prove how they were injured and how it interferes with your relationship with them. Your testimony about how your marriage has been affected will also be crucial.

Are Damages for the Loss of Consortium Worth a Lot of Money?

Possibly. Non-economic damages are somewhat challenging to calculate as they are often highly subjective. Generally, the more significant your losses, the greater your non-economic damages, including loss of consortium, may be.

Do Injuries Need to Be Severe for You to Claim Loss of Consortium?

Generally, loss of consortium claims involve very serious injuries. Injuries are often so serious that they prevent the victim from meaningfully engaging in their marriage and maintaining a relationship with their spouse. Your claims are more likely to succeed when injuries are severe, long-term, or permanent.

Ask Our Pennsylvania Personal Injury Attorneys to Review Your Claims

Ask our Allentown, PA personal injury lawyers for a free, private case review when you call The Reiff Law Firm at (215) 709-6940.