A serious injury can have far-reaching consequences, affecting the victim and their family members. A loss of consortium claim allows certain affected family members to seek compensation for the loss of companionship, care, and support they previously received from the injured person. These claims are often filed and heard in North Carolina alongside personal injury lawsuits. However, the claims focus on how the accident has affected close family members’ relations with the injured party.
What Does Loss of Consortium Mean?
A loss of consortium claim recognizes that serious injuries can disrupt entire families. The injured person may no longer be able to participate fully in their marriage or family social life. Those losses may qualify for compensation.
Loss of consortium refers to the absence of an injured family member’s companionship and affection and the harm to a close family relationship caused by a serious injury. Rather than focusing on the harm to the accident victim, loss of consortium claims address the harm to the injured person’s spouse or, in some cases, other close family members. For example, if an injury prevents someone from performing household chores they used to do, providing companionship and support, or having sexual relations with their spouse, the spouse may file a claim seeking compensation for those losses.
Eligibility Criteria for a Loss of Consortium Claim
An experienced personal injury lawyer can review the facts of your loved one’s accident and discuss whether a loss of consortium claim is appropriate. The eligibility criteria to bring this type of claim include:
Relationship to the Injured Person
The legally married spouse of an injured victim is typically the person who files a loss of consortium claim. North Carolina law does not extend this right to unmarried partners, regardless of how long-standing the relationship may be. Individuals with a parent–child relationship with the injured person may also have the right to file a loss of consortium claim.
Impact on the Relationship
You will show how a loved one contributed to the marriage and supported the household and how the injury has adversely affected the injured person’s ability to contribute. You may show that you have experienced a loss of emotional support, affection, companionship, or sexual intimacy. Evidence such as testimony from friends and family or documentation of how the injury has affected your relationship can strengthen your claim.
The Seriousness of the Injury
The injury the victim suffered must be severe enough to disrupt their relationship with the person pursuing a loss of consortium claim. Minor injuries do not meet the threshold for a loss of consortium claim. The injury must cause significant and lasting changes in the injured person’s ability to fulfill their role within the marital and family relationship, whether physically, emotionally, or both.
Challenges and Limitations in Pursuing Loss of Consortium Claims
Filing a claim for loss of consortium can be complicated. Unlike medical bills or lost wages, the harm to marital relations is not easy to quantify. Emotional harm and damage to marital relations are subjective. Proving these losses requires careful documentation and often relies on testimony from the spouse and other witnesses.
Some of the challenges you may face include:
- Subjective Nature of the Claim – Emotional losses are highly personal, making them difficult to quantify and prove. Courts will need to see evidence of how the injury has specifically affected your life and marriage.
- Burden of Proof – You will need to show that the injury directly caused the loss you’re claiming. This might include detailing how your intimate marital relations with your spouse have changed since the injury.
- Legal Restrictions – In North Carolina, loss of consortium claims must be filed along with the injured party’s personal injury claim within three years of the date of injury.
Is a Loss of Consortium Claim Filed Separately from a Personal Injury Claim?
A loss of consortium claim is often filed as part of a broader personal injury lawsuit. It’s a related but separate element of the case. While the injured person seeks compensation for their own medical expenses, pain and suffering, or lost income through a personal injury claim, their spouse can also pursue compensation for the relational losses caused by the injury. Filing these claims together can help paint a fuller picture of the harm caused by the accident.
Why Is It Important to Hire a Personal Injury Lawyer to Help File a Loss of Consortium Claim?
Pursuing a claim for loss of consortium can be legally and emotionally complex. An experienced attorney can guide you through the process and build a strong case on your behalf by:
- Gathering Evidence – Your attorney will work to collect evidence that shows how the injury has affected your relationship with the injured party. This might include photos, letters, or even journal entries documenting changes in your life.
- Telling Your Story – Your attorney presents your story so that a judge and jury can understand the emotional toll the injury has taken on you and your family.
- Maximizing Compensation – Your attorney will develop an argument that takes the totality of your loved one’s limitations into account. This is a crucial part of getting every dollar that may be available in your case.
At Younce, Vtipil, Baznik & Banks, P.A., we know how important personal attention is to our clients. Our team will take the time to understand your situation and provide clear, compassionate guidance. With our state-of-the-art case management system and bilingual staff, we make the process as seamless as possible for you.
Call Our Personal Injury Attorneys for Help
If you have questions about a loss of consortium claim, contact Younce, Vtipil, Baznik & Banks, P.A., as soon as possible. We take great pride in the case results we have achieved and the client testimony that demonstrates our dedication to those we serve, and we want to make you another satisfied client. Our Raleigh personal injury lawyers have the knowledge, dedication, and resources to pursue fair compensation for the harm you’ve endured. Contact us today for a free case evaluation. We are here to support you through this challenging time.
About the Author
Robert C. Younce, JR
Robert C. Younce is an attorney at Younce, Vtipil, Baznik & Banks, P.A. and concentrates his law practice on personal injury and workers’ compensation law. He has tried over 100 workers’ comp cases to Opinion and Award and about a dozen personal injury jury trials to verdict. He has been board-certified by the North Carolina State Bar as a specialist in workers’ compensation law since 2001.
