When a serious accident strikes, the injured person isn’t the only one who suffers. Spouses and family members often endure profound losses that extend far beyond medical bills and lost wages.
Your relationship may never be the same, your daily routines disrupted, and the emotional connection you once shared forever altered. These intangible but very real losses have a name in personal injury law: loss of consortium.
If you’re facing these challenges in the aftermath of a loved one’s injury, a Knoxville personal injury lawyer can help you understand your rights and explore whether you’re entitled to compensation for the impact the accident has had on your relationship and quality of life.
Understanding Loss of Consortium in Personal Injury Law
Loss of consortium represents the deprivation of benefits within a family relationship due to injuries caused by another party’s negligence or intentional actions. When your spouse suffers a serious injury, you lose more than just their physical presence during recovery. You lose companionship, affection, moral support, and often intimacy that formed the foundation of your marriage.
These losses manifest in countless ways. You might find yourself unable to participate in shared activities and hobbies that once brought you joy together. The emotional support you relied on disappears, leaving you to navigate challenges alone. Your marital relationship may suffer from lost intimacy and connection.
Household management and child-rearing responsibilities fall entirely on your shoulders, while you simultaneously care for your injured spouse. Each of these changes represents a real loss that deserves recognition and compensation.
Proving Loss of Consortium in Tennessee Courts
You may be entitled to loss of consortium damages if someone else is responsible for your spouse’s injuries. However, Tennessee law requires you to establish specific elements to succeed with your claim:
- A valid and lawful marriage existed at the time of injury.
- Your spouse suffered injury due to another party’s negligence or intentional actions.
- You experienced the loss of consortium or companionship.
- The defendant’s actions directly caused the injury.
You can leverage several pieces of evidence to prove loss of consortium, such as testimony from family members, friends, and counselors who can speak to changes in your relationship. Medical records documenting your spouse’s injuries and prognosis help establish the severity and permanence of your losses.
Personal journals or photographs showing your relationship before and after the accident provide powerful documentation. Expert testimony from medical professionals or relationship counselors may strengthen your case by explaining how specific injuries typically affect marital relationships.
How Are Loss of Consortium Claims Valued?
Tennessee courts calculate loss of consortium damages by determining the reasonable value of relationship aspects you’ve lost. Judges and juries consider multiple factors when assessing your compensation, including medical costs for your injured spouse and expenses for services and supplies they require. The value of your spouse’s lost services and the worth of companionship, love, and affection also factor into these calculations.
However, it is important to know that Tennessee caps non-economic damages, including loss of consortium, at $750,000 for most cases. Catastrophic injury cases allow non-economic damages up to $1,000,000.
Discuss Your Claim with The Lawyers of Brown & Roberto
The Lawyers of Brown & Roberto know that devastating injuries affect entire families, not just the injured party. We work diligently to document your losses and present compelling evidence that demonstrates the true impact on your relationship and family life.
Contact us at (865) 691-2777 to discuss your situation and learn how we can help you pursue the compensation you deserve.