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Accident victims often suffer various types of losses, but they aren’t the only ones affected. For example, the spouse of an injured person may experience losses, as the injured spouse can no longer provide the same love and affection as before.
Loss of consortium claims are common in personal injury cases, including car and truck accidents. Close family members, such as spouses or children, may bring these claims. These claims differ from other personal injury damages because the victim cannot file for loss of consortium. Learn more about when these claims apply below.
What is “Loss of Consortium?”
A “loss of consortium” claim is a claim for the loss of love, affection, or companionship of a close family member. Typically, these claims are brought by the injured victim’s spouse, and the claim can also include the loss of sexual relations.
For instance, imagine that you are hurt in an accident and can no longer have sexual relations with your spouse. In that case, your spouse also suffers from the defendant’s behavior because of your injuries. Loss of consortium claims may be present in negligence actions as well as claims after intentional conduct.
Who May File a Loss of Consortium Claim?
Some states limit loss of consortium claims to only spouses or domestic partners. However, Oregon allows these claims for spouses, domestic partners, children, and parents. This means that a parent can file a loss of consortium claim for the loss of love and affection of their child. Children may do the same if one of their parents is injured in an accident.
Types of Damages Available in Loss of Consortium Claims
Personal injury claims typically include both economic and non-economic damages. Economic damages are the financial losses suffered by the victim, such as medical bills and lost wages. However, loss of consortium claims are considered non-economic damages. These damages are more intangible and subjective.
Some common examples of non-economic damages besides loss of consortium include:
- Pain and suffering
- Emotional distress
- Diminished quality of life
- Permanent scarring or disfigurement
- Embarrassment or humiliation
- Loss of reputation
- Anxiety or depression
Putting a value on these damages might seem challenging because they are so subjective. Courts place financial values on these types of damages every day, and their value can be significant. Keep reading below to learn more about how to calculate the value of these damages.
How Are Loss of Consortium Damages Calculated?
There are many factors that may be considered when putting a value on your loss of consortium damages. Like other non-economic damages, loss of consortium damages are subjective and vary from one case to the next.
Some of the factors that are considered when assigning a value to these damages are:
- Whether or not the victim and the person alleging the loss of consortium damages lived together
- For spouses, how long the marriage has lasted
- For spouses, whether the marriage was stable or not
- The level of care provided by the victim to the person claiming the loss of consortium damages
Often, loss of consortium damages are factored into the overall damages in the case. The total non-economic damages in most personal injury claims are worth somewhere from 1.5 to 5 times the value of the economic damages in the case. Claims involving more severe injuries typically will have more damages and higher values than those involving only minor injuries.
How Comparative Fault Affects Loss of Consortium Claims
If the injury victim contributed to their own accident, this can reduce the value of your loss of consortium claim. Oregon follows a modified comparative negligence rule for most personal injury claims. Under this rule, a victim may still recover damages even if their own negligence was partially responsible for their accident, as long as they were not more than 51% responsible.
Under this rule, the damages resulting from the accident will be reduced by the victim’s share of the fault. This reduction also applies to loss of consortium claims. For instance, if the victim was found to be 20% responsible for their accident, then any loss of consortium damages would be reduced by 20%.
Contact Our Portland Personal Injury Lawyers Today for a Free Consultation
Loss of consortium claims can be complex, and insurance companies often try to downplay the value of these and other non-economic damages. You may need the help of an experienced lawyer on your side to get the compensation you deserve.
Contact the team at Tillmann Law Personal Injury Lawyers to schedule a free consultation with a Portland personal injury attorney today. Let us help you recover all the damages to which you are entitled after your accident.
