What is Loss of Consortium?
Loss of consortium is a legal phrase that can be confusing to the average person. Essentially, a person making a loss of consortium claim in Oregon is stating that they’ve been deprived of the benefits of a family relationship
because of the negligent actions of another person or entity. Although devastating, the damages resulting from personal injury or wrongful death play an important part in helping families gain closure and compensation after dealing with severe trauma. In this article we’ll help you understand Oregon’s laws concerning loss of consortium, how to file a claim, and what your limitations may entail.
What is Loss of Consortium?
When a person is injured or killed as a result of negligence and therefore cannot provide his or her spouse and family with the same comfort, affection, love, companionship, society, or sexual relations that were provided befor the accident, a loss of consortium claim may be filed. Generally, compensation won’t be awarded unless the person sustained serious, long-term injuries or suffered death.
Courts understand that the loss of a spouse is life-altering for so many reasons. If one spouse sustains a serious injury or passes away due to the careless actions of another, compensation may be awarded. Loss of consortium damages may also be awarded to a parent who has lost the love and companionship of a child and vice versa. The various types of compensation available in the event the negligent party causes wrongful death of injury may include coverage for the following:
● The monetary contributions of the injured or passed away spouse going toward the household
● Sexual relations provided by a spouse
● Affection and care that the spouse provided
● Pain and suffering
● Mental anguish
Loss of Consortium Examples
There are numerous different examples of loss of consortium in the state of Oregon. Losing the ability to have children, missing out on evening walks with your injured spouse, suffering from severe loneliness leading to depression, or economic hardships due to the loss of your spouse’s monetary contributions are all possible reasons to file a loss of consortium claim.
How a Loss of Consortium Claim is Calculated
It’s important to state that a loss of consortium claim should be filed as soon as possible after the injury or wrongful death has taken place. Also, it's most beneficial when filed on behalf of as many family members as possible. That being said, it can be very difficult to calculate loss of consortium damages. Affection, love, and companionship are all immeasurable and are different in every relationship. A jury will generally use their best judgment when trying to come to a conclusive amount of damages that should be awarded to a family member or spouse. They will be asked to look at evidence brought forth to understand the relationship that the spouse or family shared before the incident occurred and pay attention to how the situation has changed from the loss.
Loss of Consortium Limitations
Depending on the state you live in, there may be certain limitations associated with your loss of consortium claim. For example, in some instances, a marriage license is required to prove a valid marriage exists. If the union ended in divorce before accidentdent, that will be taken into consideration by the law and your insurance company.
From an insurance standpoint, there may be a cap on the total amount covered for a “single injury” incident. However, loss of consortium may be filed under a separate claim which would prove to be an advantage.
How a Lawyer Can Help Make a Loss of Consortium Claim
An Oregon loss of consortium attorney can advise you on what to expect when filing a claim as well as how to handle the details with your insurance company. Anyone filing a loss of consortium claim needs to be prepared to discuss intimate questions concerning your marriage relationship and family dynamic. The claimant will need to be ready to answer questions concerning such topics of domestic abuse, sexual intimacy, infidelity, and famiily therapy. If your relationship was shaky in any way, the defense will argue that the claimant hasn’t suffered the loss of love and companionship they are claiming. Consider seriously whether you're willing and able to withstand the sort of questioning that will spotlight any turbulence in your marital relationship.
How Oregon Law Views Loss of Consortium
In the state of Oregon, loss of consortium claims are only considered valid if the injured spouse or family member is still alive. If a wrongful death occurred, the claimant is able to seek benefits under the wrongful death statute which is separate from loss of consortium claims.
What is Loss of Consortium Conclusion
The loss of consortium of a loved one, whether it be a child, parent, or spouse is a terrible thing for any family to deal with. When that loss occurred due to the negligence of someone else, the victims can fight for fair compensation. Working with an experienced Oregon attorney can be a huge benefit when it comes to filing a loss of consortium claim as well as facing insurance companies. Shannon Powell with Powell Law will use his experience to help you through every step of the process. You’ve already suffered enough, let a professional ease your burden and help you receive the compensation you deserve. We serve the entire Portland area including Beaverton and Hillsboro.
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
