What is Loss of Consortium?

Loss of consortium in Nevada allows spouses to recover compensation for the loss of companionship, intimacy, affection, and services when their partner is injured due to another’s negligence. This includes both physical and emotional aspects of the marital relationship that have been damaged or destroyed by the injury, and requires separate legal claims from the injured spouse’s damages.RetryClaude can make mistakes. Please double-check responses.

When a spouse suffers a serious injury due to someone else’s negligence, the impact ripples far beyond the injured individual. The non-injured spouse often faces emotional pain, loss of companionship, and changes in daily life that can be just as devastating.

Unfortunately, these losses are frequently overlooked in personal injury claims. Without proper legal action, the non-injured spouse may receive no compensation for these hardships.

In this guide from our personal injury resources, we explore what loss of consortium means, who can file these claims, and how to seek compensation for the profound effects on your marital relationship.

What is Loss of Consortium?

Loss of consortium is a legal claim that lets you seek money when your spouse gets seriously hurt because of someone else’s carelessness. This means you can get paid for losing the normal parts of your marriage – like companionship, help around the house, and physical closeness.

When we say “consortium,” we’re talking about all the good things that make up a marriage relationship. It includes love, support, help with daily tasks, and intimacy between spouses.

Your loss of consortium claim is separate from your injured spouse’s lawsuit, but both cases happen at the same time. While your spouse seeks money for medical bills and pain, you seek money for how their injury hurt your marriage.

There are two main types of losses you can claim:

• Physical help: Your spouse can no longer do household chores, take care of kids, or help with daily tasks
• Emotional support: You’ve lost the companionship, comfort, love, and physical relationship you had before

Think of it this way – when your spouse gets badly hurt, you become a victim too. The law recognizes that serious injuries don’t just harm one person; they damage entire families.

Consortium Loss and What Consortium Includes

Consortium loss includes the deprivation of essential marital benefits such as:

• Companionship: The loss of daily interaction, shared activities, and emotional connection between spouses.
• Affection: The absence of love, comfort, and emotional intimacy that strengthens the marital bond.
• Moral Support: The loss of guidance, encouragement, and emotional backing typically provided by a spouse.
• Intimate Relations: The disruption or loss of physical and sexual relations between spouses.
• Physical Help with Household Chores: The inability of the injured spouse to assist with daily tasks such as cooking, cleaning, childcare, and other household responsibilities.
• Emotional Support: The reduction or loss of the emotional nurturing and care that a spouse usually provides.

These losses significantly impact the non-injured spouse’s quality of life and overall marital happiness.

Who Can File a Loss of Consortium Claim in Nevada?

Nevada law is strict about who can file these claims. You must have been legally married to the injured person when the accident happened.

Here’s who can file in Nevada:

• Legally married spouses: This includes same-sex marriages that are legally recognized
• Registered domestic partners: If you’re in a state-registered domestic partnership

You cannot file a loss of consortium claim if you’re an unmarried partner, even if you’ve lived together for years. Engaged couples, boyfriends, girlfriends, and common-law partners don’t qualify under Nevada law.

Children, parents, siblings, and other family members also cannot file consortium claims for injured adults. The law limits this right to spouses and registered domestic partners only.

If you got married after the accident, you still can’t file this claim. The marriage must have existed when the injury occurred.

What Damages Can You Recover in a Nevada Loss of Consortium Claim?

You can get money for how your spouse’s injury changed your marriage and daily life. These damages don’t have set dollar amounts because every marriage is different.

Nevada courts will consider paying you for these losses:

• Lost companionship: The daily conversations, shared activities, and emotional support your spouse provided
• Lost household services: Cooking, cleaning, yard work, home repairs, and childcare your spouse can no longer do
• Lost affection: The hugs, comfort, and emotional intimacy that made your relationship special
• Lost physical relationship: Changes in your sexual and physical connection due to the injury
• Lost guidance: The advice, decision-making help, and moral support your spouse gave you

The amount you receive depends on several factors. Courts look at how severe your spouse’s injury is and whether it’s permanent. They also consider how long you’ve been married and what your relationship was like before the accident.

A strong, loving marriage that gets destroyed by a serious injury typically receives more money than a troubled marriage. You’ll need to show evidence of your close relationship before the accident happened.

How Do You Prove Loss of Consortium in Nevada?

Winning your case requires proving four specific things to the court. You must show clear evidence for each point, or you won’t get any money.

First, you must prove you were legally married when the accident happened. This seems simple, but you’ll need your marriage certificate and other documents.

Second, you must prove your spouse got seriously injured because of someone else’s wrongdoing. This means showing the other person was careless or broke a law that caused the accident.

Third, you must prove you actually lost consortium. This is the hardest part because you’re proving something you can’t see or touch.

Fourth, you must prove the injury directly caused your losses. You can’t blame pre-existing marriage problems on the accident.

Here’s what helps prove your case:

• Medical records: These show how badly your spouse got hurt and what their future looks like
• Your testimony: You’ll need to explain how your marriage changed after the injury
• Spouse’s testimony: Your injured spouse will describe how they can’t participate in the marriage like before
• Family and friends: People who knew you before can testify about your strong relationship and how it’s changed
• Photos and videos: Pictures of your life together before the accident help show what you lost

Professional counselors or therapists can also testify about how the injury affected your relationship. Some couples need expert witnesses to explain complex medical conditions and their impact on marriages.

Common Las Vegas Accidents That Lead to Loss of Consortium Claims

Car accidents on Las Vegas’s busy highways frequently result in common car accident injuries that can be catastrophic and life-changing. High-speed crashes on Interstate 15 and US Route 95 often result in spinal cord injuries that leave people paralyzed. Brain injuries from these accidents can change someone’s personality completely, and a brain injury lawyer understands how these devastating changes affect consortium claims.

Motorcycle accidents are especially dangerous because riders have no protection. Even minor crashes can cause injuries that affect someone’s ability to work, help at home, or maintain physical relationships.

Construction accidents happen regularly in Las Vegas due to constant building and development, often requiring victims to seek help from a construction accident lawyer. Falls from heights, equipment accidents, and being struck by heavy machinery often cause permanent disabilities.

The Las Vegas Strip sees many pedestrian accidents as tourists cross busy streets. These accidents often involve serious injuries because cars hit people at high speeds.

Here are injury types that commonly lead to consortium claims:

• Spinal cord injuries: These can cause paralysis and end physical intimacy, damages that a spinal cord injury lawyer knows how to document for consortium claims
• Traumatic brain injuries: These change personality and cognitive abilities
• Severe burns: These require long recovery times and may cause permanent disfigurement
• Amputations: Losing limbs affects both physical abilities and self-image
• Multiple fractures: These can cause chronic pain and limit daily activities

Any injury that prevents your spouse from being the partner they were before the accident could support a consortium claim.

How a Las Vegas Personal Injury Attorney Can Help With Your Claim

Loss of consortium claims are complicated because you’re asking for money for things you can’t easily measure. Insurance companies often fight these claims hard because they involve large amounts of money with no clear guidelines.

You need an experienced lawyer who understands how to present these cases to juries. Trying to handle this yourself while caring for an injured spouse is overwhelming and usually leads to poor results.

Here’s how the right lawyer helps your case:

• Gathering evidence: We know what evidence courts want to see and how to get it
• Valuing your claim: We understand how much similar cases have received in Nevada
• Fighting insurance companies: We know their tactics for reducing consortium payments
• Managing deadlines: We ensure all paperwork gets filed correctly and on time
• Presenting your story: We help juries understand your real losses in a compelling way

At Ladah Injury & Car Accident Lawyers Las Vegas, we’ve helped many Las Vegas families recover compensation for consortium losses. Our team understands how serious injuries affect entire families, not just the person who got hurt.

We work on a contingency fee basis, which means you don’t pay us unless we win your case. This lets you focus on your family while we handle the legal fight.

Our experience with Nevada courts and insurance companies helps us build strong cases that get results. We know how to show juries the real impact of your losses and fight for the maximum compensation you deserve.

Frequently Asked Questions

What happens if my spouse dies from their injuries?

If your spouse dies from their injuries, a wrongful death lawyer can help you file a wrongful death lawsuit instead of a loss of consortium claim.

Can I file a consortium claim if we were separated when the accident happened?

Nevada law requires you to be married and living together as spouses when the injury occurred. If you were legally separated or living apart, you likely cannot file a consortium claim.

How much money do consortium claims typically receive in Nevada?

There’s no standard amount because every case is different. Awards depend on factors like the severity of injury, length of marriage, and evidence of your relationship quality before the accident.

Do I need to see a counselor to prove my consortium claim?

While not required, seeing a marriage counselor or therapist can provide valuable evidence about how the injury affected your relationship. Professional testimony often strengthens these cases significantly.

Can my injured spouse and I both testify in the same trial?

Yes, consortium claims are typically tried alongside the injured spouse’s personal injury case. Both of you will likely testify about how the injury changed your marriage and daily life.

Get a Free Consultation

If you or your spouse have been affected by a serious injury due to someone else’s negligence, don’t wait to seek the compensation you deserve.

Our experienced personal injury attorneys at Ladah Injury & Car Accident Lawyers Las Vegas are here to listen, answer your questions, and guide you through the complex legal process.

Contact us today for a free consultation, and let us help you understand your rights and build a strong case for your loss of consortium claim.

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