What is “Loss of Consortium” in an Indiana Personal Injury Case?

Some victims are no longer able to take part in meaningful relations with their loved ones because of personal injuries. In such cases, spouses of the injured parties may be entitled to monetary damages for their loss of consortium.

“Loss of consortium” describes the loss of care, love, and affection experienced because of a personal injury. Courts will evaluate several factors when determining if loss of consortium has been established. Accordingly, establishing these damages can be a complex task.

If you suffered a loss of meaningful marital relations because of a spouse’s personal injury in Indiana, get help pursuing the compensation you deserve. Contact our experienced Indiana personal injury lawyers by calling Wruck Paupore at (219) 322-1166 for a free case review.

Defining “Loss of Consortium” in an Indiana Personal Injury Case

In a personal injury lawsuit, a claim for loss of consortium is an action brought by the spouse of the injured victim because of another party’s careless or reckless acts. Damages for loss of consortium provide compensation for the loss of familial relations incurred by a spouse. Some people mistakenly perceive loss of consortium as a form of damages that only applies to the loss of intimate relations. However, the legal definition also includes other aspects of the spousal relationship. According to the Indiana Supreme Court case of Durham v. U-Haul Intern, loss of consortium also refers to the general loss of care, love, and affection experienced by a victim’s spouse.

If your spouse suffered a personal injury, you can contact our Hammond personal injury lawyers for help determining if you may bring a claim for loss of consortium.

Factors Used to Establish Loss of Consortium in an Indiana Personal Injury Case

Determining if loss of consortium has been established is a complicated task. There are several factors courts will look at when evaluating a claim for loss of consortium in an Indiana personal injury case. Our experienced Indiana personal injury lawyers can help assess the following factors in the context of your claim during a free case review:

The Stability of the Marriage

First, courts will look to determine whether the marriage at issue was a loving and stable one to determine whether loss of consortium can be established. For instance, a spouse who does not get along with the victim at issue may have trouble recovering damages for loss of consortium. A participant in a healthy relationship will have a better chance of succeeding in their claim.

The Couple’s Living Arrangements

Courts will also consider a couple’s living arrangements when evaluating a claim for loss of consortium. A spouse who is not living with their husband or wife will have difficulty filing an action for loss of consortium when their partner is injured.

The Nature and Duration of the Loss

Another factor used to assess an action for loss of consortium is the nature and duration of the loss at issue. Courts will look at the type of care and companionship exhibited between parties. After that has been assessed, courts will examine exactly how their spousal relations have been affected. Our experienced Indiana personal injury lawyers can help explain how the nature of your loss will be analyzed in your case.

Also, when calculating damages for loss of consortium, courts will consider the duration of the loss. The life expectancies of the spouse and victim will be examined, as well as the medical prognosis for the victim’s injuries.

The Victim’s Role in Child Care and Household Responsibilities

Lastly, courts will assess the victim’s role in child care and household responsibilities when determining if loss of consortium has been established. In some cases, a personal injury victim will be unable to partake in child-rearing activities because of their injuries. The impact of such a loss will be factored into the calculation of damages for loss of consortium.

Furthermore, the loss of household responsibilities contributed by the injured party will be considered when evaluating a claim for loss of consortium. Our Fort Wayne personal injury lawyers can help prove the value of these damages in your case.

Proving Loss of Consortium in an Indiana Personal Injury Case

Proving loss of consortium can be a difficult and uncomfortable task. Spouses will typically need to answer questions about the status of their marriage before and after the accident at issue. These answers may include testimony about extremely private sides of your life, such as the extent of your sexual relations.

While this line of questioning can be hard to endure, discussing the details of your marriage is the only way to prove loss of consortium in an Indiana personal injury case. The support and guidance of our experienced Indianapolis personal injury lawyers can be very helpful and comforting when answering questions about your loss of consortium.

Are Loss of Consortium Damages Available to Parties Other than Spouses in Indiana Personal Injury Cases?

Some states permit other parties, such as children and long-term partners, to recover damages for loss of consortium. Unfortunately, in Indiana, compensation for loss of consortium is limited to spouses. Our Indiana personal injury lawyers can help victims’ spouses assess the strength of their cases.

Examples of Loss of Consortium in Indiana Personal Injury Cases

Loss of consortium can come in many forms. For example, loss of consortium can occur because someone suffered a slip and fall, resulting in fractured vertebrae and the inability to partake in sexual relations with their spouse. In that case, the victim’s spouse could likely bring a successful claim for loss of consortium.

Furthermore, a victim may suffer debilitating car accident injuries that inhibit their ability to provide any companionship to their spouse. In that case, the victim’s spouse could also make a claim for loss of consortium stemming from their loss of care and affection.

If You Suffered Loss of Consortium in Indiana, Our Lawyers Can Help

If you incurred a loss of meaningful marital relations because of a spouse’s personal injury, seek assistance from our experienced South Bend personal injury lawyers by calling Wruck Paupore at (219) 322-1166 for a free case review.