Loss of Consortium Claims in Missouri After Motor Vehicle Accident

In Missouri, a loss of consortium claim arises when a serious injury to one spouse damages the marital relationship and deprives the other spouse of certain benefits they enjoyed in the marriage. Here's a breakdown of key points:

  • Who can file: A loss of consortium claim can only be filed by the uninjured spouse in a marriage. Other family members, like parents or children of the injured person, typically cannot file one.
  • What is considered loss of consortium: This refers to the loss of various aspects of a healthy marriage due to the injury, including:
    • Loss of love, affection, and companionship
    • Loss of physical intimacy and sexual relations
    • Loss of household help and assistance with chores
    • Loss of emotional support and sense of security
  • Severity of injury required: Missouri courts generally award loss of consortium damages for serious or permanent injuries that significantly impact the marital relationship. Minor or temporary injuries likely wouldn't qualify.
  • Damages awarded: A loss of consortium claim seeks compensation for the non-injured spouse's intangible losses. This can include:
    • Emotional distress
    • Loss of enjoyment of life within the marriage

Here are some additional points to consider:

  • Burden of proof: The spouse filing the claim needs to present evidence that shows the injured spouse's injury directly caused the loss of consortium.
  • Impact on settlement: Loss of consortium claims can be a significant factor in car accident settlements, alongside the injured spouse's medical expenses and lost wages.

If you're considering a loss of consortium claim in Missouri, consulting with a personal injury lawyer is recommended. They can advise you on the specifics of your case and the likelihood of a successful claim.

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