Can My Spouse Be Compensated After My Car Accident?

When you are seriously injured in a car accident, you are not the only one who suffers. Your spouse watches you endure pain, takes on extra household chores, and may lose the companionship, comfort, and intimacy that you once shared. The accident doesn’t just injure you; it injures the marital relationship itself.

The legal system in Washington State recognizes this profound, personal loss. While the primary personal injury claim belongs to the person who was physically hurt, their spouse may also have a separate but related claim for their own damages. This is called a loss of consortium claim.

It is a claim for the loss of the intangible benefits of a marital relationship that were taken away because of the injuries caused by a negligent driver. Understanding this unique type of damage is an important part of ensuring your family receives full compensation for all the ways the accident has impacted your lives.

Useful Information for You: In a Nutshell

• Yes, Your Spouse May Have a Claim: If you have been seriously injured, your spouse can file a “loss of consortium” claim for the negative impact the injuries have had on your marital relationship.
• It is a Claim for Intangible Losses: This claim is designed to compensate for the loss of love, affection, companionship, society, and sexual intimacy.
• The Claim is Derivative: A loss of consortium claim is dependent on the success of the primary personal injury claim. If the injured spouse does not have a valid claim, the other spouse cannot file for loss of consortium.
• Evidence is Based on Testimony: Proving this claim relies heavily on honest and often very personal testimony from both spouses about how their relationship has changed since the accident.
• It is Part of the Overall Settlement: The value of the loss of consortium claim is typically negotiated as part of the total settlement package for the accident.

What Exactly is “Loss of Consortium”?

The term “consortium” refers to the benefits that a person is entitled to receive from their spouse. When a catastrophic injury occurs, the uninjured spouse is deprived of these benefits. The claim is intended to compensate for the loss of:

• Society and Companionship: The loss of the ability to participate in shared activities, hobbies, and the simple enjoyment of each other’s company.
• Love and Affection: The emotional support and loving connection that has been damaged by the trauma and stress of the injury.
• Services: The loss of the injured spouse’s contributions to the household, such as cleaning, cooking, childcare, or home maintenance.
• Sexual Intimacy: The loss of a physical relationship due to pain, medication side effects, or psychological trauma from the injury.

Who Can File a Loss of Consortium Claim in Washington?

In Washington State, this claim is generally available to the spouse of the injured person. In some cases, it may also be extended to a registered domestic partner. It is typically not available to unmarried partners, children, or parents of an injured adult.

How is This Claim Proven?

Proving a loss of consortium claim is a delicate process because it requires you to discuss the most personal aspects of your marriage. The evidence is primarily based on testimony. Both you and your spouse will need to provide a sincere and detailed account of your relationship before the accident versus your relationship after the accident.

Your attorney will ask you to consider:

• What activities did you used to enjoy together that you can no longer do?
• How has the injury affected your roles and responsibilities in the household?
• How has the stress of the injury and the legal process impacted your emotional connection?
• How has the physical pain and medication affected your intimate relationship?

While this can be uncomfortable to discuss, it is the only way to demonstrate the true, human cost of the injury to your marital partnership.

A loss of consortium claim recognizes that when one spouse is seriously injured, the entire family is affected. It is a vital component of a comprehensive settlement. If you or your spouse has been seriously injured in a car accident in the Tacoma area, search the Car Accident Lawyer Directory Tacoma. Compare profiles and find a compassionate, experienced local attorney who can help your family navigate all aspects of your claim, including a loss of consortium.

References

• Washington Pattern Jury Instructions (WPI 32.02.01) – Damages to Spouses—Loss of Consortium:This is the official instruction read to a jury in Washington, which legally defines “loss of consortium” and instructs them to award damages for the loss of society, companionship, and sexual relationship.

  https://www.courts.wa.gov/superiori/pattern_jury_instructions/WPI%2032.02.01%20Damages%20to%20Spouses%20-%20Loss%20of%20Consortium.pdf

• NOLO – “What is a ‘Loss of Consortium’ Claim?”:A reputable legal resource for consumers that provides a clear explanation of what a loss of consortium claim is and what it covers.

  https://www.nolo.com/legal-encyclopedia/what-is-a-loss-of-consortium-claim.html