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Page 7 of 44 |
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I can't have relations with my wife as a result of my car accident injury. Can she sue, too? |
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Yes. If you can't have sexual relations with your spouse as a result of your injury, she is suffering from a “loss of consortium." You and/or your spouse may make a claim for loss of consortiumas part of your lawsuit against the other driver.
Loss of consortium is usually awarded where the spouse no longer can enjoy the company and pleasure of the injured spouse in the same way as before the accident. The loss may be temporary or permanent. It may be due to physical injury or mental distress caused by the physical injury. Beyond sexual relations, loss of consortium can extend to other aspects of your relationship. For example, if you can no longer help care for the kids, clean the house, mow the lawn, take out the trash, or cook dinner, your injuries have likely interfered with your spouse's reasonable expectations of marriage. Loss of consortium may also include the loss of care, affection, and companionship between husband and wife, even without the loss of sexual intimacy.
Loss of consortium sometimes extends to parents who have lost a child or whose child was severely injured, or to a child whose parent has been injured or has died in an accident. This type of claim is referred to as “filial consortium” and it pays damages for the lost love, companionship, and care of the child or parent. Not all states allow filial consortium claims. An experienced auto accident attorneycan explain what laws apply to your situation.
Loss of consortium claims can be difficult to prove and usually don't yield a large amount of money, because the court may regard the claim as "speculative." It can be difficult for the jury to pin a dollar amount on an injury that is emotional in nature. Keep in mind that if you or your spouse pursue a loss of consortium claim, not only do you need to prove the loss, but then the subject becomes fair game for the other party’s attorney. You will likely have to answer intimate questions about your current and your previous sex life, either in depositions or at trial. If the loss is severe and you are willing to answer invasive questions, by all means, you and/or your spouse should include a loss of consortium claim in your lawsuit. Even if speculative, your attorney can potentially use the claim as leverage in settlement negotiations. |
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