What To Do If Your Spouse Has Been Injured (Loss of Consortium)

When someone has been injured in an accident, it can impact not only the life of the victim, but also his or her loved ones. In fact, when someone is in a personal injury accident in Tennessee, it can cause your loved ones not only a significant loss of finances, but also of emotional pain. While your loved one is fighting to recover, medical bills, in addition to regular utilities and expenses are mounting.

This impacts not only the injured person but also his or her family. Many things that we often take for granted may be affected when a loved one suffers a serious injury. Whether it’s that they victim can no longer assist around the house, a spouse needs to pick up extra responsibilities, or a care team must be hired, many things must often be sacrificed.

It’s for this reason that many states, including Tennessee, allow for spouses to recover damages in a separate claim. This claim is known as “loss of consortium.” Under Tennessee law “there shall exist in causes where such damages are proved by a spouse, a right to recover for loss of consortium.”

What is Loss of Consortium?

Loss of consortium is a legal cause of action that permits a spouse to recover damages that are suffered in a Tennessee personal injury case that caused the injury or death of their husband or wife.

It’s important to note that a claim for loss of consortium is not the same claim that would be brought by or on behalf of the person injured or killed. The person who suffers the accident would have a personal injury claim against the defendant while their spouse would have a separate loss of consortium claim. However, both claims would be on the same summons and complaint. Originally loss of consortium claims had to do mostly with a loss of sexual relations. But over time the law has begun to focus on additional marital duties, such as:

● Love

● Affection

● Companionship

● Emotional support

● Comfort

● Society

● Services (e.g. taking care of the kids, performing household chores, taking care of the other spouse who was ill or injured)

These are all things that the person injured or killed would have provided their husband or wife had the accident not occurred.

Who Can File a Claim for Loss of Consortium?

While it may seem a bit unfair, only a husband or wife who is currently married to the victim may file a claim for loss of consortium. This includes spouses in same-sex marriages. However, it does not include the boyfriend, girlfriend, fiancé, or roommate(s) of the injured party.

How Can You Prove Loss of Consortium?

In order to recover for a loss of consortium claim, a spouse must be able to prove certain specific facts. Such facts include:

● The state of the marriage at the time of the accident

● The length of the marriage

● The age of the injured victim and his or her spouse

● The ability and capacity of the injured party to earn income

● The household duties or chores that the injured spouse was responsible for and how his or her ability to perform these duties has been impacted by the accident

Non-economic Damages

Many damages in a personal injury case are financial and therefore can be quantified. This includes damages such as medical bills, rehabilitation costs, lost wages, lost earning capacity, etc. However, there are also personal injuries that are not quantifiable. For instance, there is no set cash value for things such as pain and suffering. Therefore, these injuries are “non-economic” damages.

So, who decides the worth of non-economic damages? This decision is left to the discretion of the judge or jury.

What Can You Do?

If your spouse has been injured or killed in an accident in Tennessee, which was caused by someone else’s negligence and it has impacted their contributions to your marriage, you may have the right to receive damages. That’s why it’s important to consult with a knowledgeable and experienced Tennessee personal injury attorney who can help to explain your options and walk you through the legal process.

Robert BatesRobert is a Kingsport trial lawyer who handles car, truck and motorcycle wreck cases across the Tri-Cities. Every client gets his cell number.