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What is the loss of consortium in a personal injury lawsuit?

On Behalf of | Oct 20, 2021 | Personal Injury |

A serious accident can affect your life in many ways. Depending on the extent of the injuries suffered, the effects can stretch beyond the direct victim to the people closest to them. For instance, the relationship between you and your spouse may be broken down or negatively impacted by your injuries.

The intangible interests between spouses or domestic partners, including love, affection, solace, companionship, sexual relations, and, where applicable, the ability to bear children, are called “consortium.” When an accident affects these aspects of your relationship, Nevada law allows you to sue for loss of consortium due to the injuries suffered by your spouse. 

How to prove loss of consortium

Loss of consortium is a derivative lawsuit In Nevada. It means that in order to recover any damages, the injured spouse must also sue and win for their injuries in the same case. The elements of a loss of consortium are:

  • The existence of a valid domestic partnership or marriage at the time of the injury
  • A tortious injury to one spouse
  • Loss of consortium suffered by the spouse that was not injured
  • A connection between the loss of consortium and the spouse’s injuries

In making their decision, the courts will take an in-depth look at your relationship. Things like the length and status of your marriage or union, and the kind of activities you did together, will be factored in.

How much is your claim worth?

Loss of consortium falls under non-economic damages, and there is no legal cap on the amount you may be awarded under Nevada laws. However, if the injuries resulted from medical malpractices, a $350,000 cap applies to the damages that a jury can award you.

While compensation may never bring back everything you have lost, it is crucial that you and your spouse get the justice you deserve. Making informed decisions will go a long way in getting you there.