Loss of Consortium
Accidents can cause a wide range of injuries, many of which may entitle the victim to compensation. Damages that a victim can seek after an injury include out-of-pocket expenses, medical bills, and lost wages. Non-economic damages, such as pain and suffering, emotional distress, and diminished quality of life, are also recoverable.
Loss of consortium is a type of non-economic damage. Under Colorado personal injury laws, loss of consortium refers to losing companionship, moral support, affection, and sexual relations with a spouse because of a personal injury.
How Do I Recover Compensation for Loss of Consortium in a Denver Personal Injury Case?
Compensation for loss of consortium can be recovered if a plaintiff wins their personal injury case.
For example, consider a situation where one spouse suffers a spinal cord injury in a car accident, resulting in partial paralysis. The injured individual files a personal injury lawsuit against the at-fault parties, seeking compensation for both economic and non-economic damages.
As part of the case, their spouse also files a claim for loss of consortium. Due to the severity of the injury, the couple’s relationship has changed significantly—the injured spouse can no longer engage in sexual relations, bear children, offer the same level of emotional support, or assist with household and family responsibilities. These losses form the basis of the non-injured spouse’s claim for damages.
A loss of consortium claim may also be filed in a wrongful death case. If a person’s spouse died due to their injuries, the surviving spouse may recover compensation for their loss of companionship and support.
Proving Damages for Loss of Consortium in Denver, CO
Even though the injured spouse wins their personal injury case and receives compensation for damages, it does not automatically mean a loss of consortium is awarded. To prove loss of consortium, there must be adequate evidence to establish the following legal elements:
- There was a valid marriage at the time of the incident.
- The injured spouse’s injuries were caused by another party’s conduct.
- The other spouse experienced a loss of moral support, companionship, and affection because of their spouse’s injury or death by clear and convincing evidence.
- The spouse’s injury or death was the direct and proximate cause of the surviving spouse’s loss of consortium.
Most civil cases are proven by a preponderance of the evidence. Under Colorado law, clear and convincing evidence is required for loss of consortium, which is a higher burden of proof than a preponderance of the evidence.
Types of Evidence Used to Prove Loss of Consortium
Proving loss of consortium can be complex, as it requires detailed and often personal evidence to support the claim. Courts typically examine the following factors when evaluating such claims:
- The duration and overall quality of the marriage
- The injured spouse’s responsibilities and contributions to the household before the injury
- The nature of the couple’s intimate relationship prior to the accident
- The time and effort required by the non-injured spouse to care for the injured partner
- The injured spouse’s role in parenting and caring for children before the injury
When determining the value of a loss of consortium claim, the jury will consider a variety of elements. These may include the length of the marriage, the couple’s shared activities (such as hobbies or parenting responsibilities), and the degree to which the injury has altered those dynamics.
Jurors may also evaluate the life expectancy of both spouses and the severity of the injury’s impact on the injured spouse’s ability to engage in family life and perform their usual duties.
Finally, because Colorado imposes caps on non-economic damages, any compensation awarded for loss of consortium is subject to those statutory limits.
What Types of Damages Are Available for Loss of Consortium?
Examples of damages you may receive for a loss of consortium in Colorado include:
- Compensation for the interruption of sexual relations with your spouse
- A financial award to compensate you for caring for your injured spouse
- Compensation for the damages resulting from the loss of friendship, affection, and companionship of the injured spouse
- Compensation for the lack of services and duties the injured spouse can perform because of their injuries, including household services and caring for children
These damages are not included in the injured spouse’s damages. Instead, an award for loss of consortium is solely intended to compensate the spouse for the losses caused by the injuries sustained by their spouse.
Schedule a Free Consultation With Our Denver Personal Injury Lawyers
At Zaner Law Personal Injury Lawyers, our attorneys handle all types of personal injury claims. We diligently pursue all damages available to injured parties, including loss of consortium, to maximize recovery. Contact us online or call our office at (720) 613-9706 to schedule a free case evaluation with an experienced Denver personal injury lawyer.
