Loss of Consortium Claims FAQS
Loss of consortium claims after a car accident provide compensation when an at-fault driver’s negligence deprives a spouse of his or her spouse’s society and companionship due to serious, disabling injuries suffered in the accident.
The Michigan Supreme Court has explained that “consortium” means “conjugal fellowship,” “love, companionship, affection, society, comfort, sexual relations, services, solace,” and “all other incidents of the marriage relationship.”
What is loss of consortium?
Loss of consortium after a car accident is the loss of society, companionship and sexual relationship that one spouse suffers as a result of bodily injuries his or her spouse suffered in the car accident.
Can I make a claim?
Yes, as the spouse of someone injured in a car accident, you can make a claim. It is the legal cause of action that a spouse files against the at-fault driver whose negligence injured the other spouse. The claim is independent but derivative of and, thus, joined with the injured spouse’s pain and suffering claim.
How much is a claim worth?
There is no set formula for determining how much this type of claim is worth. It depends on the facts of each case. Factors include: (1) how long the couple had been married; and (2) how the loss has affected the couple and their relationship. There is no monetary cap on this type of claim.
Governmental negligence
The Michigan Supreme Court has ruled that governmental immunity prohibits a government agency from being sued for this type of claim that was caused by an at-fault governmental employee’s negligent driving. However, the employee can be sued personally immune if he or she was grossly negligent.
Can a spouse sue for loss of consortium?
A spouse can sue for loss of consortium after a car accident when the loss was caused by injuries his or her spouse suffered in the accident. However, it must be shown that the spouse who was injured in the car accident suffered a “serious impairment of body function.”
To calculate your damages for this claim after a car accident, please check out our “Car Accident Settlement Calculator.”
Injured and need a lawyer? Call Michigan Auto Law
If you have been injured in a car accident and you have questions about your legal rights to these types of claims, you can call toll free anytime 24/7 at (800) 968-1001 for a free consultation with one of our experienced auto accident attorneys. You can also get help from an experienced accident attorney by visiting our contact page or you can use the chat feature on our website.
