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.