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Loss of Consortium


I am frequently asked by individuals seriously hurt in accidents, when married, if their spouse is entitled to be compensated as well for the accident?
The answer to that question is yes, depending on the severity of the accident. Legally, this is what is called “loss of consortium.”

Loss of Consortium is a legal term that refers to the loss of love and affection, comfort, aid, guidance, support, and any other characteristics that normally arise in a marital relationship. When these rights are wrongfully impaired or deprived as a result of a disabling injury to a spouse, the other spouse may be entitled to damages, as these type of injuries are recognized as a legal loss and a basis for compensation.

In determining how much a spouse should be compensated for loss of consortium, one must consider the nature and quality of the marital relationship that existed between the spouses up to the moment of the injury. Based on these factors, at a jury trial, jurors are asked to determine a reasonable and fair compensatory sum of money for any loss of consortium that resulted from the negligent injury of the spouse.

When deciding how much money a spouse should be awarded for sustaining the loss of consortium, jurors may also consider whether the injuries relating to the loss of consortium will continue in the future, and to what extent the injuries will improve, if at all.

Cite: 14 Wis. Prac., Elements of an Action § 2:27 (2014-2015 ed.)

If your spouse was in a catastrophic accident, you may also be entitled to damages for loss of consortium. If you have questions on how that plays out in a lawsuit, contact one of the experienced personal injury lawyers at Karp & Iancu, S.C. for a confidential and complimentary consultation.

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