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A loss of consortium claim is a claim for money for loss of companionship or marital intimacy in a personal injury case. For example, if your husband can no longer be sexually intimate with you after a car accident, then you can claim damages for loss of consortium.
What is Loss of Consortium?
Mississippi law recognizes the right to compensation for negligent injury to a spouse. This is known as loss of consortium. Loss of consortium refers to the loss of the conjugal rights one would normally expect to receive in a marriage, such as:
- Society and companionship
- Love and affection
- Aid, services, and support
- Sexual relations
- Living together in the same house
- Eating at the same table
- Participating in all the activities needed to make a home
If your spouse is injured so they can no longer give you society and companionship, sexual affection, or the other things you would normally expect in a marriage, you may be entitled to receive damages for loss of consortium.
Who Can File a Loss of Consortium Claim in Mississippi?
Loss of consortium primarily refers to a spouse’s losses in a personal injury claim. However, the children of the injured person can file for damages for loss of parental guidance and support. This can also be referred to as a loss of consortium claim.
How Are Loss of Consortium Claims Valued in Mississippi?
Loss of consortium damages are intangible, meaning they cannot easily be quantified in monetary terms, as medical expenses or lost income can. To assign a monetary value to loss of consortium for purposes of a jury award, the court will consider:
- The quality of the marriage relationship before the injury
- The severity of the injury
- The effect of the injury on the marriage
- The life expectancy of both spouses
There are two methods for calculating loss of consortium. The multiplier method takes all specific losses, like medical expenses and lost wages, and multiplies them by a number between 1.5 and five that represents the severity of the injury. The per-diem method assigns a dollar value to loss of consortium for a single day and then multiplies that by the number of days the loss of consortium will exist.
What Documentation is Needed for a Loss of Consortium Claim?
To support your claim, you will need documentation including:
- Medical records that demonstrate the nature and severity of the injury
- Written testimony from the injured person, the spouse, and anyone else who can support the claim
- Emails, texts, photographs, or other evidence showing the nature of the relationship before and after the injury
Your attorney may also seek expert testimony from therapists or doctors who can support your claim.
Contact a North Mississippi Personal Injury Lawyer Today
A personal injury claim is much easier to pursue and much more likely to be successful when you have the help of a skilled lawyer. Investigating an accident and determining who is liable isn’t easy. Negotiating with an insurance company is even more challenging, considering that they are a for-profit company and they don’t make money by paying insurance claims. A personal injury lawyer will know how to investigate your case thoroughly and negotiate effectively for a settlement.
Chatham Gilder Howell Pittman PLLC is a law firm that has been representing injured people in North Mississippi since 1932. We call ourselves “the lawyers that listen” because we make a point of listening and understanding before we take action on your behalf. We know how to deal with the insurance companies and fight for the compensation you’re entitled to. If your marriage relationship or your family relationship has suffered because of an injury caused by someone else, contact Chatham Gilder Howell Pittman PLLC today.
