Injury cases often involve a broad range of damages. Many damages are related to economic losses, while others are non-economic and tend to be more subjective. For many, injuries prevent them from engaging in certain aspects of their personal relationships, and their quality of life suffers. If this sounds like your situation, you may sue for the loss of consortium.
Loss of consortium is somewhat hard to pin down, but it generally covers losses of personal intimacy and companionship. Usually, spouses may claim damages for the loss of consortium, although you do not necessarily have to be married to make this claim. The value of these claims may vary based on the severity of the injuries involved and the degree of loss. Proving loss of consortium may require evidence of the injuries and testimony about how your personal relationship has been affected.
Ask our Arkansas personal injury attorneys for a free initial case evaluation by calling (479) 316-0438.
Can I Sue for the Loss of Consortium in Arkansas?
You may claim various non-economic damages in injury lawsuits in Arkansas, including for the loss of consortium. This is a somewhat tricky claim to define, as there is no specific statutory definition. However, the loss of consortium typically involves the loss of a personal, intimate relationship because of injuries.
Plaintiffs typically claim damages for the loss of consortium if they or their spouse is injured and unable to participate in personal or intimate aspects of their relationship. This may include the loss of physical intimacy in addition to other components of your relationship.
In many cases involving the loss of consortium, the people involved are spouses. Although it may be possible to claim loss of consortium even if you are not married.
How Valuable Are Claims for the Loss of Consortium?
Claims for the loss of consortium tend to be subjective, as are most forms of non-economic damages. As such, it may be difficult to predict exactly what kind of compensation your claims warrant.
Our Arkansas personal injury attorneys should consider the severity of the injuries involved and how significantly they interfere with your personal relationship. For example, if a person suffers a spinal injury and is paralyzed from the waist down, intimacy with their spouse may be difficult but not necessarily impossible. On the other hand, if a person dies because of their injuries, their spouse loses all aspects of their relationship, and their claims may be worth more compensation.
We should also consider whether the loss of consortium is permanent or whether your relationship can resume once the injuries have healed.
Limits on Damages for the Loss of Consortium in Arkansas
Generally, there are no statutory limits on non-economic damages in personal injury cases, including damages for the loss of consortium. This means that a jury may award damages as high as they see fit based on the evidence.
Even so, your damages should be proportional to the facts of your case. If a jury, for some reason, awards damages that are outrageously high, the defendant can ask the court to reduce them. In such a case, the judge may lower the damages to something more reasonable.
What Does the Loss of Consortium Look Like?
A plaintiff may experience a loss of consortium with their spouse or partner under a wide variety of circumstances. While many cases involve personal injuries, others might file wrongful death claims or medical malpractice claims.
In many cases, people experience debilitating physical injuries that make intimacy difficult or impossible. They can sue for the loss of consortium, and the more their injuries interfere with intimacy, the greater their damages.
Another possibility is that your spouse experienced a traumatic brain injury that limits cognitive functioning. They might lack the capacity to have a relationship, and your loss of consortium may be quite severe.
Unfortunately, many claims for loss of consortium involve wrongful death cases. If your spouse passed away from their injuries, the loss of consortium may be just one of many damages you can claim.
How to Prove Loss of Consortium in Arkansas
Proving claims for the loss of consortium is a bit tricky because these damages are highly subjective. This represents a deep, personal loss that we cannot hold up in front of a jury. Even so, we may use evidence to help explain the depth of your loss in court.
A great way to begin is with witness testimony. More specifically, we need you to testify about your loss of consortium. Remember, these claims are for a very personal loss, and only you and your spouse or partner may be able to explain just how you have been affected.
In some cases, the loss might be somewhat self-evident, depending on the injuries. For example, if your spouse unfortunately passed away, we probably do not need to explain how this creates a loss of consortium.
We may also need copies of medical records regarding the injuries and certain physical limitations. It may be easier to prove how the injuries create a loss of consortium if we can show medical documentation explaining the injuries.
Do I Have to Have Other Injuries to Sue for the Loss of Consortium?
The loss of consortium is rarely a standalone injury. In most cases, plaintiffs typically claim a variety of other injuries and damages that often revolve around some physical harm. It may be difficult or impossible to sue solely for the loss of consortium. These claims are often attached to other injuries.
However, you do not necessarily have to be the person injured to sue for the loss of consortium. If your spouse is injured and incapacitated, you may sue on their behalf and claim damages for the loss of consortium. You may also make this claim if your spouse is fatally injured.
Ask Our Arkansas Personal Injury Attorneys for Legal Help Now
Ask our Farmington personal injury attorneys for a free initial case evaluation by calling (479) 316-0438.