Personal injuries can affect the victim’s relationship with intimate relationships. For example, there may be a loss of affection and emotional support between the victim and his or her husband or wife.
If an injury affects a marital or family relationship, and the injury was caused by another’s negligence, the victim may be able to pursue compensation for loss of consortium.
Below, our Lafayette personal injury attorneys discuss loss of consortium in a Louisiana personal injury case. If you have any questions about seeking compensation for your injuries and damages, give us a call today. We are ready to assist you.
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What Does Loss of Consortium Mean in Louisiana?
Loss of consortium refers to a loss of society and/or services provided by an injured victim.
Loss of society refers to a loss of:
- Care and companionship
- Affection, including a sexual relationship and the ability to have children
- Love, including emotional and moral support
- Social activities the victim and the spouse/family member enjoyed before the accident
Loss of services refers to a loss of:
- Household services the victim used to be able to perform
- Childcare
Sometimes these losses are caused by the physical injury itself. However, physical injuries can also take a psychological/emotional toll. This may be a reason why the victim and the spouse or family member no longer have the same type of intimate relationship.
It is important to note that loss of consortium claims are typically only made in wrongful death claims or cases involving a serious, long-term injury.
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Who Can Recover Loss of Consortium Damages in Louisiana?
These claims are usually pursued by injured spouses. However, other family members may also be able to claim loss of consortium damages.
The Louisiana Civil Code Article 2315(B) says the following individuals may be eligible to seek compensation for loss of consortium, service and society:
- Spouses
- Children
- Parents
- Siblings
- Grandparents
The law says the same categories of people who may be able to file a wrongful death lawsuit may also be able to seek loss of consortium damages.
It is important to note that there is a hierarchy of beneficiaries. For example, spouses and children are in the highest category. The highest category is the one that is eligible for compensation, while the others are not.
How Can Your Lawyer Prove You Have Suffered Loss of Consortium?
Your lawyer needs evidence to contrast how the marital or family relationship has changed since the injury. For example, support for your claim may include pictures of social activities you and your spouse previously engaged in. Your spouse’s testimony and possibly the testimony of other family members may also be helpful.
The liable party may try to dispute your claim for loss of consortium, such as by arguing the relationship was unstable due to infidelity, separation or abuse. A knowledgeable attorney will be prepared to dispute arguments like this with additional evidence.
Injured victims and their families may feel apprehensive about bringing forward such personal information. This is particularly true of testimony about intimate relations and love and emotional support. In a lawsuit, this testimony will need to be provided to a jury.
As for the loss of services portion of a claim, your lawyer will need to list the household services the injured victim can no longer perform.
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How Is Loss of Consortium Calculated?
Loss of consortium is a type of non-economic damage. That means there is not a tangible or automatic value attached. For example, with economic damages like past medical bills, you can prove down to the penny how much compensation you need. You cannot do that with non-economic damages.
At Galloway Jefcoat, we know how to evaluate non-economic damages and assign them a value.
One of the factors that come into play with loss of consortium is the life expectancy of the victim. For example, your lawyer may assign a value to the loss of consortium for every day. This number can be multiplied by life expectancy to assign a value to your claim.
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Galloway Jefcoat Is Here to Help. Call Us To Learn More
There are many aspects to a personal injury case, which is why victims should not try to handle things on their own. An experienced attorney can manage everything on your behalf, and you can get this help without paying any upfront costs.
Galloway Jefcoat has been advocating for the injured in Lafayette and elsewhere in Louisiana for many years, and we have a proven record of success. There are also no fees while we work on your case.
Call us to find out if we may be able to help.
Phone: 337-984-8020.
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