Loss of Consortium Lawsuit in Missouri

Loss of consortium is a legal claim that allows a spouse to seek compensation for the loss of companionship, love, affection, society, and sexual relations resulting from a serious injury to their spouse. This claim recognizes the emotional and financial impact that a serious injury can have on a marital relationship.

Historical Development of Loss of Consortium

The concept of loss of consortium has its roots in English common law. Initially, it was primarily a claim for the loss of a spouse's services, such as household chores and child-rearing. However, over time, the concept has evolved to recognize the emotional and psychological damages that a serious injury can inflict on a marital relationship.

Elements of a Loss of Consortium Claim

To establish a successful loss of consortium claim, the uninjured spouse must generally prove the following elements:

  1. Valid Marriage: A valid marriage must have existed between the injured and uninjured spouse at the time of the injury.
  2. Serious Injury: The injured spouse must have suffered a serious injury that significantly impacts their ability to fulfill marital roles and responsibilities.
  3. Loss of Consortium: The uninjured spouse must demonstrate a loss of companionship, love, affection, society, and sexual relations as a result of the injury.

Damages Recoverable in a Loss of Consortium Claim

Damages recoverable in a loss of consortium claim can be significant and may include:

  • Loss of companionship: This includes the loss of emotional support, social interaction, and shared experiences.
  • Loss of love and affection: This encompasses the loss of intimacy, tenderness, and emotional connection.
  • Loss of society: This refers to the loss of shared activities, hobbies, and social interactions.
  • Loss of sexual relations: This includes the physical and emotional impact of the injury on the couple's sexual relationship.
  • Loss of household services: In some cases, the uninjured spouse may be entitled to compensation for the loss of household services that the injured spouse could no longer perform.

Comparative Negligence and Loss of Consortium

In jurisdictions that follow comparative negligence principles, the uninjured spouse's recovery may be reduced if they are found to be partially at fault for the accident that caused the injury. However, the uninjured spouse's own negligence is typically not a factor in determining the value of their loss of consortium claim.

Conclusion

Loss of consortium claims are an important tool for individuals who have suffered the emotional and financial consequences of a spouse's serious injury. By understanding the elements of a loss of consortium claim and the types of damages that may be recovered, individuals can seek justice and compensation for the harm caused by another's negligence.

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