If your spouse has been seriously injured in an accident, they may have to endure a lengthy recovery or face permanent disability, which can cause your relationship to suffer. These issues can take a toll on even the most loving, stable relationships. A loss of consortium claim allows an uninjured spouse to recover compensation for the losses they have suffered due to their spouse’s injuries. The personal injury attorneys at Thomas, Conrad & Conrad help clients understand how loss of consortium claims work in Pennsylvania and provide compassionate support for injured victims and their families throughout the process.
What Is Loss of Consortium?
Loss of consortium is the deprivation of the benefits of a family relationship due to injuries caused by someone else’s negligence. When a spouse is injured in an accident, you may feel like you’ve lost a companion and friend. Taking care of household responsibilities you used to share also can lead to stress and worry. If you’re dealing with these issues, it’s important to find a personal injury lawyer who can help you understand the nuances of a loss of consortium claim in PA.
Damages in Loss of Consortium Claims
A loss of consortium claim may compensate the spouse for loss or deprivation of:
- Comfort
- Affection
- Emotional support and care
- Sexual relations
- Society
- Services (household chores, caring for children)
Loss of Consortium Claims in Pennsylvania
A loss of consortium claim is filed as a distinct cause of action separate from a personal injury claim. However, under Pennsylvania law it is considered a derivative claim because it arises from the impact of a person’s injuries on the spouse’s marital amenities and privileges. For this reason, loss of consortium claims are treated differently when it comes to insurance and settlement purposes.
Insurance and Loss of Consortium Claims
In the 1991 case of Koenig v. Progressive Insurance Co., the Pennsylvania Supreme Court held that due to the ‘per person’ language in an auto insurance contract, the value of the uninjured spouse’s claim should be included under the at-fault party’s policy limits.
Most auto insurance policies have monetary limits that apply to injured individuals and an accident as a whole. For example, an at-fault party’s policy might have a limit of $500,000 per incident and $200,000 per person. However, if an injured spouse settles with an insurance company for the total policy limit, the insurance company has no obligation to cover a loss of consortium claim filed by their spouse.
If the injured spouse accepts a settlement for the total policy limit, the uninjured spouse can bring a lawsuit against the at-fault party personally. However, litigation is quite costly and most people don’t have the money to pay such a judgment.
The most expedient way to recover damages in a loss of consortium claim is to accept a settlement from the insurance company. If an injured spouse decides to accept a settlement, it’s vital to ensure that their settlement agreement states whether or not the uninjured spouse plans to settle the loss of consortium claim. If the uninjured spouse doesn’t accept a settlement from the insurer, they still have the right to take their claim to trial.
Dealing with insurance companies and understanding how the law applies can be confusing and stressful. A car accident lawyer can help you make practical decisions about whether to accept a settlement and the costs and risks of taking your loss of consortium case to court. If your spouse was hurt in another type of accident such as a slip and fall, a personal injury lawyer can find all possible avenues of compensation and help you pursue your loss of consortium claim if warranted.
Other Considerations
It’s important to keep in mind that intimate details about your relationship probably will be exposed in a loss of consortium claim. Loss of consortium also can be included as part of a wrongful death claim. An experienced personal injury attorney can evaluate your case and advise you on what to expect if you decide to make a loss of consortium claim.
Contact a Personal Injury Lawyer to Learn More
With offices in Northampton, Lehigh, Berks, and Monroe counties, Thomas, Conrad & Conrad attorneys represent injured victims and their families throughout eastern Pennsylvania to help them recover the maximum compensation they need to protect their financial security and move on after an accident. Call our Bath office at 610-867-2900 or contact us online to schedule a free consultation today.