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Recovery for Loss of Consortium

When a married person is injured, the physically uninjured spouse can recover money for “loss of consortium.”  The uninjured spouse’s claim is derivative, yet independent, of the injured person’s claim.

What Must I Prove to Recover Money for Loss of Consortium?

To prevail on a loss of consortium claim, the physically uninjured spouse is required to provide evidence of the resulting “loss of the society and services” of the injured spouse.

Evidence of loss of the society and services include:

  • Loss or impairment of love
  • Loss or impairment of affection
  • Loss or impairment of care and companionship
  • Loss or impairment of intimacy

What is the Basis for Loss of Consortium Claims?

According to decades of legal reasoning, loss of consortium claims for a spousal injury stems from the idea that spouses are treated as “one unit” under the law such that injury to one spouse is akin to injury to the other spouse.

What Will a Jury Consider When Deciding Whether to Award Money?

When deciding how much money to award the physically uninjured spouse, a jury often considers many factors, including:

  • The length of the marriage
  • The strength of the marriage
  • The change to the marriage after a spouse was injured
  • The financial contribution to the marriage provided by the injured spouse

How Long Do I Have to Bring a Loss of Consortium Claim?

In Missouri, the physically uninjured spouse has five years from the date of injury to file a lawsuit for loss of consortium.

What Should I Do If My Spouse Was Injured?

If your spouse has been injured, you should call an experienced loss of consortium attorney to determine whether you have a valid claim.  The experienced attorney at Law Office of Andrew S. Martin, LLC are qualified and available to assist you.  Please call (636) 330-9964 now.