Understanding Loss of Consortium Claims in Missouri
Quick answer: A loss of consortium claim in Missouri allows the spouse of an injured person to seek compensation for the emotional and relational harm caused by that injury. These claims cover non-economic losses like companionship, affection, and household support, and must be filed alongside the injured spouse’s personal injury or wrongful death lawsuit.
A long-lasting personal injury doesn’t just affect the person who was hurt. It can reshape an entire marriage, straining the emotional bond between spouses and disrupting daily life in ways that are hard to measure. Missouri law recognizes this reality through loss of consortium claims, which give spouses a legal path to recover compensation for these relational harms.
If someone you love has suffered a severe injury due to another party’s negligence, the catastrophic injury attorneys at Labovitz Law Firm can help you pursue full and fair compensation for your family.
What Is a Loss of Consortium Claim?
A loss of consortium claim addresses the deprivation of companionship, intimacy, and support that occurs when a spouse is injured by another party’s negligence. Rather than compensating for medical bills or lost wages, this type of claim focuses on non-economic damages, the emotional and relational losses that don’t come with a receipt.
In Missouri, a loss of consortium claim is considered a derivative action. This means it can’t stand on its own. It must be filed alongside the injured spouse’s personal injury or wrongful death lawsuit, and its outcome depends on the success of that primary case.
Who Can File a Loss of Consortium Claim in Missouri?
Generally, only the legally married spouse of the injured party can file a loss of consortium claim. To succeed, the claimant must prove two things: a valid marriage at the time of the injury, and a clear connection between the injury and the harm done to the relationship.
Because the claim is tied directly to the injured spouse’s case, it must be brought at the same time, not as a separate lawsuit filed later.
What Types of Losses Does a Loss of Consortium Claim Cover?
Loss of consortium claims in Missouri can cover several categories of relational harm, including:
- Companionship: The loss of shared activities and emotional connection that once defined the relationship.
- Affection: The deprivation of physical intimacy and emotional support between spouses.
- Household Support: The loss of a spouse’s help with daily responsibilities, from childcare to household management.
Each of these losses reflects a different way that a long-lasting personal injury can quietly erode a marriage.
What Injuries Commonly Lead to Loss of Consortium Claims?
Loss of consortium claims typically arise from serious, life-altering injuries. Common examples include:
- Traumatic brain injuries
- Spinal cord damage
- Severe burns
- Amputations
- Other permanently disabling conditions
These injuries often require long-term care, cause chronic pain, or permanently change a person’s ability to participate in shared activities, all of which can place significant strain on a marriage.
Frequently Asked Questions
Does a loss of consortium claim cost extra to file?
A loss of consortium claim is filed as part of the injured spouse’s existing lawsuit, so it does not require a separate case or additional filing fees on its own.
How long does a loss of consortium claim take to resolve?
Because it’s a derivative action, a loss of consortium claim resolves on the same timeline as the underlying personal injury or wrongful death case.
What are the risks of filing a loss of consortium claim?
The main risk is that the claim depends entirely on the outcome of the injured spouse’s case. If that case is unsuccessful, the loss of consortium claim generally cannot succeed either.
Are there alternatives to filing a loss of consortium claim?
Some families may rely solely on the injured spouse’s personal injury damages, but this approach doesn’t account for the relational and emotional harm suffered by the spouse, which a loss of consortium claim is designed to address.
Who is a loss of consortium claim best suited for?
This type of claim is best suited for legally married spouses who have experienced a documented decline in companionship, intimacy, or household support due to a spouse’s serious injury.
Get Help From Labovitz Law Firm
If a long-lasting personal injury has affected your spouse and your relationship, you shouldn’t have to navigate the legal process alone. Labovitz Law Firm helps families throughout St. Louis, Missouri, pursue the compensation they deserve, including damages for loss of consortium. Contact Labovitz Law Firm today to discuss your case and learn about your legal options.
