My wife was in a serious car accident about nine months ago in which she suffered multiple fractures, broken bones and has had two surgeries.
I have had to take leave from work after exhausting my vacation and medical leave in order to take care of her and get her to doctors’ appointments.
Can I recover from my losses?
Yes. This is called a Loss of Consortium claim. This is not an independent claim under an automobile policy, but you are entitled to recover for your losses under this scenario. You have spent countless hours taking your wife to doctors’ appointments and doing the household chores that she used to do. Loss of consortium is a claim by the spouse of the injured car accident victim for the loss of affection, dependence, and companionship.
Damages for loss of consortium include both past and future losses. “Consortium” includes affection, society, companionship, and physical intimacies of the spousal relationship. Although a plaintiff asserting a claim for loss of consortium cannot recover an independent “per person” recovery under an automobile insurance policy, you may make the claim and recover for the claim provided there is sufficient policy limits.
If you or your spouse have been injured in an accident, you should consult with one of our knowledgeable personal injury attorneys who will discuss the entire case with you. We know and understand those car accidents do not just affect the person that was in the accident, but also impact that person’s spouse because marriage is a team effort!
Accordingly, we always encourage both spouses to meet and consult with an attorney so the attorney may get an understanding of the full range of damages that have been suffered, not just the physical damages of the injured party.