Loss of Consortium: What Is It & How Can You Claim It?
When a loved one is seriously injured or killed due to someone else’s negligence, the impact goes far beyond physical pain and medical bills.The emotional and relational toll on a family can be devastating. In these situations, the law recognizes that the harm isn’t just to the injured person but also to their closest family members. This is where legal claims like loss of consortium and loss of filial consortium come into play.
These claims are designed to compensate family members for the loss of companionship, affection, and support that results from a catastrophic injury or wrongful death. Understanding these concepts is the first step toward seeking justice for the profound, non-physical damages your family has endured. The wrongful death attorneys at Bill Easterly & Associates will explain what these claims are, who can file them, and what is required to pursue them in Tennessee.
What Is a Loss of Consortium Claim?
Loss of consortium is a legal claim filed to recover damages for the loss of the benefits of a family relationship. While this most often applies to a marital relationship, some states allow other close family members to file as well. When a person is severely injured or killed, their spouse loses much more than a financial contributor; they lose a partner, a companion, and a source of emotional support.
This claim acknowledges that the intangible aspects of a relationship have real value. It allows the uninjured spouse to seek compensation from the at-fault party for the damage done to the marital bond.
Who Can File for Loss of Consortium?
In most cases, the claim is filed by the spouse of the person who was wrongfully injured or killed. The core of the claim is the disruption of the marital relationship.
What Damages Are Covered?
Loss of consortium claims cover non-economic damages, meaning they compensate for losses that don’t have a specific price tag. These can include:
- Loss of Companionship and Affection: The absence of the unique bond, friendship, and emotional support shared between spouses.
- Loss of a Sexual Relationship: Compensation for the loss of intimacy within the marriage.
- Loss of Services: This covers the loss of practical help the injured spouse once provided, such as household chores, childcare, home maintenance, and other daily tasks.
- Loss of Comfort and Support: The emotional distress and sorrow that come from seeing a loved one suffer and being unable to rely on them for comfort as before.
Claim Requirements
To successfully file a loss of consortium claim, you must typically prove two main things:
- A Valid Marriage: You must have been legally married to the injured person at the time of the accident.
- A Negligent Act: The injury or death must have been caused by the wrongful or negligent act of another party.
- Significant Impact: You must demonstrate that the injury has significantly and negatively impacted your marital relationship.
The value of the claim often depends on the severity of the injury, the nature of the relationship before the accident, and the life expectancies of both spouses.
What Is Loss of Filial Consortium?
Loss of filial consortium is a similar but distinct claim that applies specifically to the parent-child relationship. It allows parents to seek compensation when their child has been severely injured or killed due to someone’s negligence. The basis for this claim is the loss of the unique love, companionship, and affection that a child provides.
The heartbreak of seeing a child suffer a catastrophic injury or losing them entirely is an immeasurable loss, and the law provides a path for parents to hold the responsible party accountable for that harm.
Who Can File for Loss of Filial Consortium?
This claim is filed by the parents of a child who has been wrongfully injured or killed. In many states, this claim is limited to cases involving a minor child. However, some jurisdictions may allow it for adult children under specific circumstances.
What Damages Are Covered?
Similar to spousal consortium claims, loss of filial consortium covers non-economic damages. Parents can seek compensation for:
- Loss of Love and Companionship: The unique bond and affection that exists between a parent and child.
- Loss of Society and Comfort: The joy, comfort, and companionship the child brought to the parents’ lives.
- Emotional Distress: The profound grief and suffering experienced by the parents.
Claim Requirements
The requirements for a loss of filial consortium claim generally include:
- A Parent-Child Relationship: The claimant must be the legal parent of the injured or deceased child.
- A Negligent Act: The child’s injury or death must be the result of another party’s negligence.
- Severe Injury or Death: The claim typically requires the child to have suffered a catastrophic, permanent injury or to have died as a result of the incident.
Tennessee Law on Loss of Consortium
In Tennessee, the right to recover for loss of consortium is established by state law. Tennessee Code Annotated § 25-1-106 explicitly states: “There shall exist in cases where such damages are proved by a spouse, a right to recover for loss of consortium.”
This statute firmly grounds a spouse’s right to seek compensation for the loss of their marital relationship due to another’s negligence. It is recognized as an independent right, meaning the damages awarded for loss of consortium are separate from the damages awarded to the injured spouse for their physical injuries. A jury can award damages for loss of consortium even if the physically injured spouse’s award is minimal, as long as the proof supports the impact on the relationship.
While the statute specifically mentions spouses, Tennessee courts have also addressed the concept of loss of filial consortium, allowing parents to pursue claims for the loss of a child’s companionship in certain wrongful death cases.
How Bill Easterly & Associates Can Help
Navigating the aftermath of a serious accident is overwhelming. You may feel alone, emotionally drained, and struggling to keep everything together while caring for your injured loved one. At Bill Easterly & Associates, we understand the immense strain your family is under.
Our goal is to help you move forward and recoup the full compensation you need and deserve. We are prepared to go head-to-head with insurance companies to negotiate a fair settlement or file a lawsuit against a negligent party. Our team has the experience and dedication it takes to fight for the compensation you are entitled to.
If your family is struggling after an accident, don’t face it alone. Contact us at (615) 244-2222 or online to schedule your free consultation. We’re ready to get started on your case.