How “Loss of Consortium” Factors Into an Ohio Personal Injury Case

loss of consortiumWhen a personal injury occurs, whether it is the result of negligence, medical malpractice, or intentional conduct, there are many times more persons injured than just the plaintiff.  The compensatory (economic) damages are loss of wages, medical bills, etc… that can have a receipt or bill attributed to them.  The damages that do not come with a bill, receipt, or invoice are non-economic damages, which include “Loss of consortium.”

Loss of consortium is typically losses that the spouse of the injured plaintiff incurs that relate to family type issues (sometimes parents or children are entitled to the claim via filial loss of consortium).  It is derivative of the main legal claim by the plaintiff that the spouse brings to recover for their own losses incurred from the conduct of the tortfeasor.  Consortium has three categories that are generally considered by the judge or jury contemporaneously, including loss of services, loss of support, and loss of marital relationship.

Loss of services refers to the spouse losing the help around the house that the plaintiff participated in before their injury.  This includes things such as cleaning, laundry, dishes, lawn mowing, and other household chores.  Sometimes, the spouse may not be able to keep up with household chores themselves and be required to hire an outside party to handle what the plaintiff was taking care of for them before their injury.

Loss of support is the approximate amount of money that the plaintiff would have contributed to the household had he/she not been injured.  It is separate from the lost wages of the plaintiff which are part of compensatory damages.  To estimate this amount, the judge or jury would consider how much income the plaintiff generated before the accident per year, and then estimate a reasonable life expectancy for the plaintiff.  For example, if the average male lives 68 years, and the plaintiff was 38 at the time of the injury, then the loss of support for the spouse may be equal to 30 years of the expected salary of the plaintiff, if the plaintiff will never be able to work again.

Loss of marital relationship relates to the love and emotional support that the spouse loses incident to the tortfeasor’s conduct.  This has no economic values that are even remotely traceable, but it is something that people typically value the most in a marital relationship.  It is affection, companionship, the sexual relationship in the marriage, and other non-economic type losses that the spouse suffers from the inability of the injured plaintiff to do as he/she did for them before the injury.

A loss of consortium claim is permitted in Ohio and a fairly common occurrence.  A spouse is entitled to compensation if their loved one is injured and unable to fulfill their marital duties.

If you or your spouse is injured, you should seek the advice of an attorney to protect all of your interests.  A free consultation with an experienced Ohio personal injury attorney will answer questions and provide helpful guidance. Please contact Slater & Zurz for a free consultation by calling  1-800-297-9191 or send us a blog message to schedule a time to talk.

To learn more about personal injury cases in Ohio, please visit slaterzurz.com.

, , , , , , , , , , , , , , , , , , , , ,

About slaterzurz

Slater & Zurz LLP is an Ohio law firm of highly experienced and respected attorneys. Over the last 40 years, we have developed a reputation for getting positive results for clients. We've been trusted with handling over 20,000 personal injury cases and our clients have received more than $120,000,000.

View all posts by slaterzurz

Subscribe

Subscribe to our RSS feed and social profiles to receive updates.

One Comment on “How “Loss of Consortium” Factors Into an Ohio Personal Injury Case”

  1. Personal Injury Attorney NYC Says:

    Helpful information. Fortunate me I found your web site by accident, and I am surprised why this accident did not came about earlier! I bookmarked it.

    Reply

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: