Can I Recover for Loss of Consortium in a Car Accident Claim?
Most car accident claims are brought by the injured party against the at-fault driver for property damage, medical care and pain and suffering. When a person’s spouse, parent or child is severely injured in a car accident the individual may suffer the loss of affection, intimacy, companionship, support and care that their immediate family member is no longer able to provide. When a family member loses these comforts as a result of a loved one’s injury or death in an accident, it is called “loss of consortium.” If the driver who caused the car accident was negligent – distracted driving, driving under the influence of drugs or alcohol or street racing, for example – the close family member may be able to receive monetary compensation for loss of consortium. Note that most loss of consortium cases are brought by a spouse but children and parents who experience this type of loss may be able to recover damages in certain cases.
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What is Loss of Consortium in a Personal Injury Case?
Loss of consortium is a cause of action in a personal injury claim where a plaintiff seeks damages for the deprivation of the benefits of a family relationship due to injuries caused by the negligence or wrongful act of another. Negligence or wrongful act may be in the form of assault, battery, medical malpractice, products liability, premises liability, wrongful death caused by a drunk driver, etc.
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