In a legal context, the term consortium refers to the unique companionship and intimacy shared between two married spouses or between two partners in a long-term intimate relationship or civil union. A loss of consortium is similar to physical pain and suffering in two key ways: it is a non-economic loss that can be factored into a personal injury lawsuit or settlement demand, and it is an inherently subjective form of harm that lacks a quantitative financial value.

This specific compensable damage can be uniquely difficult to seek civil restitution for. Still, guidance from an experienced attorney at Phillips Law Group can increase your chances of a favorable case result. Here is a brief overview of how to prove loss of consortium in a way that a civil court is likely to accept during a personal injury claim.

Documented Proof of Marriage

The first step in showing a loss of consortium stemming from a serious accident is establishing that you have a relationship that qualifies in legal terms as a consortium. Often, all this requires is presenting a marriage license or other official documentation that proves you are legally married or in a civil union with the person with whom you have lost consortium. If needed, however, a qualified legal professional can help you collect and present evidence such as co-signed leases, property deeds, shared bills, and other documentation of your intimate long-term relationship.

Demonstrating a Significant Change in the Relationship

The second step to proving loss of consortium is demonstrating that your injury—or the injury suffered by your spouse or intimate partner—will directly harm your relationship in specific ways. While an inability to engage in sexual activity can be included as a loss in this context, you can also incorporate harm, such as loss of companionship, advice, and comfort caused by a condition such as a severe brain injury.

Supporting the Claim With Personal Testimony

Finally, you will need as much supplementary evidence as possible to verify that both of the conditions mentioned above apply to your situation. This evidence can include qualitative statements about the nature of your relationship with your spouse or intimate partner. In addition to testifying on your own behalf, you may also include testimony from family members, friends, and trusted community members about how your bond with your partner has been damaged.

Contact an Attorney To Learn More About Proving Loss of Consortium

Compared to losses such as medical bills and physical pain, loss of consortium is not a type of compensable damage that is commonly factored into a personal injury claim. However, if a recent accident has irreversibly changed or ended your relationship with your spouse, knowing how to prove loss of consortium can be crucial to recovering the full compensation you deserve. If your accident was caused by someone else’s negligence, call Phillips Law Group to discuss your recovery options with a personal injury lawyer during a free, no-obligation consultation.