Loss of consortium is a type of non-economic damage available in certain personal injury and wrongful death cases. It compensates a spouse or close family member for the loss of companionship, affection, support, and marital relationship caused by another person’s injury.
These damages recognize that a serious injury affects more than the injured person. It can also harm the injured person’s spouse or family by disrupting the normal emotional and practical aspects of the relationship.
Contact a St. Louis injury attorney today if you have been affected by a loved one’s serious injury — call (314) 300-6260.
What Does Loss of Consortium Include?
Loss of consortium may cover several types of relationship losses that occur after a serious injury.
Common examples include:
- Loss of companionship and emotional support
- Loss of affection or intimacy in the marriage
- Loss of household services or shared responsibilities
- Loss of guidance or advice from the injured spouse
- Loss of the ability to maintain a normal marital relationship
Courts recognize that these losses can significantly impact the quality of life for a spouse or partner, even though they do not involve direct financial costs.
Who Can File a Loss of Consortium Claim in Missouri?
In Missouri, loss of consortium claims are generally limited to spouses. When one spouse suffers serious injuries because of someone else’s negligence, the other spouse may file a claim for the loss of companionship, affection, and support caused by the injury.
A loss of consortium claim is usually filed alongside the injured spouse’s personal injury lawsuit rather than as a separate case. The claim recognizes that severe injuries can disrupt a marriage and change the daily life and emotional relationship between spouses.
Missouri law generally does not allow children or parents to file independent loss of consortium claims when a family member is injured. However, when an injury results in death, certain family members may seek similar damages through a wrongful death claim under Mo. Rev. Stat. § 537.080.
When Is Loss of Consortium Available in Missouri?
Loss of consortium damages may be available when a serious injury significantly affects the marital relationship between spouses. These claims often arise when an injury limits a person’s ability to provide companionship, emotional support, or participate in normal family life.
Loss of consortium claims are most common in cases involving severe or life-changing injuries, such as:
- Car accidents — call an auto accident lawyer in St. Louis today
- Truck accidents
- Medical malpractice
- Product liability injuries
- Workplace accidents involving third-party liability
- Catastrophic injuries such as spinal cord damage or traumatic brain injuries
To recover these damages, the spouse must show that the injury substantially affected the marital relationship and caused a meaningful loss of companionship, affection, or support.
How Missouri Courts Evaluate Loss of Consortium Claims
In Missouri, loss of consortium damages are considered non-economic damages. This means they compensate the victim for personal and emotional losses and not direct financial costs. Because these damages involve the quality of a marital relationship, courts and juries must carefully evaluate evidence showing how the injury changed the couple’s life.
Several factors may be considered when determining whether loss of consortium damages are appropriate.
Severity of the Injury
Courts look at how serious the injured person’s condition is. Catastrophic injuries—such as spinal cord injuries, traumatic brain injuries, or permanent disabilities—are more likely to significantly affect a marital relationship.
Impact on the Marital Relationship
Evidence may be presented showing how the injury affected the couple’s daily life. This can include changes in companionship, emotional support, shared activities, or intimacy between spouses.
Length and Stability of the Marriage
Missouri courts may consider the strength and duration of the relationship before the injury occurred. Evidence that the couple had a stable and supportive marriage before the accident can strengthen a loss of consortium claim.
Changes in Household Roles
Serious injuries may prevent an injured spouse from helping with household responsibilities, childcare, or other shared duties. Testimony about these changes can help demonstrate how the injury affected the family dynamic.
Medical and Expert Testimony
Medical records, physician testimony, and expert opinions may be used to explain the long-term effects of the injury. This evidence helps show how the injury affects the injured spouse’s ability to participate in normal family life.
Testimony from the Spouse
The uninjured spouse may testify about how the injury changed the relationship, daily routines, and emotional connection within the marriage. Personal testimony can be an important part of demonstrating the real-life impact of the injury.
Because loss of consortium damages are deeply personal, Missouri juries evaluate these claims based on the total impact the injury has had on the marital relationship and the couple’s shared life moving forward.
If you have any questions or need help moving forward, contact our team today to schedule a free consultation.