What Is Loss of Consortium?
A serious accident doesn’t just affect the injured person — it impacts their relationships too. In Tennessee, if your spouse has been severely injured due to someone else’s negligence, you may be dealing with more than just their medical bills and recovery.
The emotional and personal connection you once shared may have changed, leaving you with feelings of loss. This is where a loss of consortium claim comes in. It allows spouses to seek compensation for losing companionship, affection, and support they once enjoyed.
In this article, we’ll explore how loss of consortium works in Tennessee, who can file a claim, and what you need to know about seeking compensation.
Definition of Loss of Consortium
The legal term loss of consortium refers to the non-economic damages a spouse or family member can claim for the loss of companionship, affection, and emotional support following an injury caused by someone else’s negligence.
This claim covers the emotional and personal aspects of the relationship that have been disrupted due to the injury, such as the loss of moral support, shared activities, and sexual relations.
Who Can File a Loss of Consortium Claim in Tennessee?
In Tennessee, loss of consortium claims are typically filed by the non-injured spouse of the wrongful death or personal injury victim.
However, unlike in some states where only spouses can file, Tennessee may also allow close family members, such as children or parents, to file a claim, depending on the circumstances.
This type of claim is intended to address the relationship loss that occurs when a loved one is severely injured or permanently disabled due to someone else’s negligence.
Legal Elements of a Loss of Consortium Claim
Several key legal elements must be proven to file a loss of consortium claim in Tennessee successfully.
First, the claimant must demonstrate a marital or familial relationship with the injured spouse or victim. In most cases, only spouses can file this claim, though certain family members may be eligible under specific circumstances.
Additionally, it must be proven the injury to the spouse or family member was the result of the defendant’s tortious injury or wrongful injury.
Finally, the claimant must show that the injury significantly negatively impacted their relationship with the injured person, such as the loss of companionship, sexual relations, or household management services.
Loss of Consortium Damages You Can Recover
In a loss of consortium claim, the damages that can be recovered are typically non-economic. These damages compensate for the intangible losses a spouse or family member suffers due to the injury, such as loss of affection, companionship, and emotional support.
Unlike economic damages like medical bills or lost wages, consortium damages focus on the personal and emotional impact of the injury on the relationship. While these damages are more challenging to calculate, they address the emotional and relational harm that results from an injury caused by someone else’s negligence.
Loss of Consortium in Wrongful Death and Personal Injury Claims
In Tennessee, loss of consortium claims are often filed alongside both personal injury claims and wrongful death cases. In most personal injury cases, the injured party’s spouse may file a loss of consortium claim to recover damages for the loss of companionship, affection, and support.
Similarly, in wrongful death cases, the surviving spouse can pursue these damages as part of the overall compensation claim. The court considers several factors when evaluating consortium damages, including the severity of the injury or death, the impact on the relationship, and the defendant’s responsibility for the incident.
These claims allow spouses to obtain compensation for the emotional and relational losses suffered due to the injury or death of their loved one.
Statute of Limitations for Loss of Consortium Claims in Tennessee
Tennessee has strict time limits for filing a loss of consortium claim. Typically, the statute of limitations for these claims is one year from the date of the injury. To pursue compensation, the non-injured or surviving spouse must file the consortium claim within this period.
However, depending on the circumstances, exceptions or specific provisions may apply, so it’s essential to consult with an experienced attorney to understand the filing deadlines within the state.
Failing to file within the required time frame could result in the consortium claim being dismissed.
Challenges in Proving Loss of Consortium
Proving loss of consortium can be particularly challenging due to the claim’s subjective nature. In Tennessee, claimants often struggle to demonstrate the extent of their emotional and relational loss.
Unlike economic damages such as medical bills or lost wages, consortium damages are intangible, making them more challenging to quantify.
Establishing the depth of emotional support, companionship, or sexual relations lost due to the injury requires compelling evidence. Without substantial documentation or testimony, these claims can be challenging to prove in court.
Proving a Loss of Consortium Case in Tennessee
To successfully prove a loss of consortium claim in Tennessee, a spouse or family member must provide evidence that shows how their relationship with the injured spouse or injured victim has changed due to the injury. Courts often look for specific types of evidence, such as:
- Witness Testimony: Testimonies from family members or friends showing a significant decline in the relationship’s emotional and personal aspects.
- Documentation: Documents showing how the injury has impacted the claimant’s daily life, such as an inability to participate in shared activities or provide moral support. These can include medical documents from mental health professionals.
- Medical Records: Documentation showing the extent of the injury, which can help establish the severity of the loss suffered by the spouse or family member.
Each piece of evidence must support the claim the injury caused a significant and measurable relationship loss that affects the claimant’s quality of life.
The Role of an Experienced Attorney in Loss of Consortium Claims
Hiring an experienced Tennessee personal injury attorney is crucial when pursuing a loss of consortium claim. A local attorney will have in-depth knowledge of state laws and understand the complexities of personal injury cases involving consortium damages.
We can help gather the necessary evidence, such as witness testimony and medical documentation, to build a strong case. Moreover, an attorney with expertise in Tennessee law will be familiar with how the courts calculate non-economic damages, making navigating the legal process easier and increasing the chances of a favorable outcome.
Having the right legal support is essential for securing the compensation you deserve.
What to Expect in a Tennessee Loss of Consortium Claim?
If you’re considering filing a loss of consortium claim in Tennessee, setting realistic expectations about the legal process is essential. Most personal injury cases involving consortium loss are settled out of court, but some may require litigation, especially if the non-economic damages are heavily disputed.
Because consortium damages are subjective and often difficult to quantify, the outcome of these cases can be unpredictable. The court will consider the severity of the injury, the impact on the relationship, and the evidence presented when determining the consortium award.
It’s also important to note that Tennessee has a time limit for filing these claims, typically within one year of the injury. Consulting with an attorney from Mitch Grissim & Associates can help clarify the process and ensure that your wrongful death or personal injury claim is handled effectively.
Fill out our online form or call 615-255-9999 today to discuss your case and schedule a free consultation.
