One of the least understood claims in personal injury law is consortium. A lot of people think that a claim for loss of consortium is one for loss of the sexual relations of a husband or wife.
If the wife is injured, the husband can make a claim against the person who caused the accident for loss of consortium, and vice versa.
But it’s much more than that. You can make a claim for lost consortium for the loss of your wife’s companionship, assistance, help or services because of the accident.
And consortium applies not only to injuries to husbands and wives, but injuries to parents and children. And it can apply to the change in almost any type of relationship between these family members.
Judges tell Ohio juries that marital consortium can consist of services, sexual relations, companionship, comfort, solace, or the love of a person’s spouse. Similarly, parents and children can be paid for the loss of a loved one’s care, assistance, guidance or company.
Insurance attorneys like to make fun of consortium claims. They say they’re just about sex, or that juries don’t take the claims seriously. But it depends on the loss, and most of all, the people.
What are some examples? The wife with Alzheimer’s, who now requires a full time nurse, or possibly full time residence in a care center, to do what her caretaker husband – or son – used to do before he was injured.
A special needs child, who relies on his mother or father, who has suffered a temporary – or permanent – injury.
Or an aged father, now forced to eat his meals alone and sleep in an empty bed.
Consortium can be as simple as sitting next to your wife in church every Sunday, or as tragic as the change in life brought about by paralysis or death.
I have been a lawyer over 30 years. I make it a point to listen to the people who hire me. If you have a personal injury case in Cincinnati, Ohio or if you want to know what your lawsuit is worth, talk with an experienced Cincinnati Injury Lawyer about the case. Call me, William Strubbe, at 513-621-4775.
Because all situations are different, and because there may be other facts pertaining to your case that I don’t know about, you should not rely on this answer for legal advice. I am not your attorney, and no lawyer client relationship has been formed.