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Understanding loss of consortium

On Behalf of | Dec 9, 2019 | Workers' Compensation

Having a loved one suffer a catastrophic injury can be devastating beyond the anguish you feel for the pain and suffering that they are forced to endure. Even if they are able to survive their injuries, they may never be the same person they once were, which could significantly impact whatever relationship you happened to share with them. Many have come to us here at Dix & Forman, O.C. asking if there is any compensation available to them to make up for the loss of the relationships they have experienced. If you share the same question, you will be happy to know that there is.

The principle of loss of consortium recognizes that those who suffer catastrophic injuries are worth more to family members than simply the financial support they provided. Thus, if their injuries leave them unable to provide that “more,” those who have been denied it should be compensated.

Damages available to you through loss of consortium depend on the type of relationship you shared with the victim. There are three types of recognized consortium:

  • Spousal consortium: the relationship with your spouse
  • Filial consortium: the relationship with your children
  • Parental consortium: the relationship with your parents

Each of these is recognized as being an important source of society, affection, and companionship.

The question of whether you should qualify for damages due to loss of consortium for your loved one having experienced a catastrophic injury often comes down to a question of the severity of the injury. Arizona state court rulings have determined that there is not a set standard to be met in this regard; rather, the decision is left the individual trier of fact (whoever is deciding your case).

You can learn more about dealing with the aftermath of a catastrophic injury by continuing to explore our site.