Loss of Consortium Loss of Consortium is a claim that is usually filed by the spouse of the person who was injured, seeking compensation for what they suffered because of the injuries. “Consortium” is Latin, probably taken from the phrase “per quod servitium et consortium amisit” which translates to “in consequence of which he lost her society and service.” Such a claim usually points to the fact that a spouse lost all or some of the following due to the injury:

• Companionship and intimacy
• Services that had previously been provided by the injured person
• Income that had previously been provided
• Social contact, since the injured person was not able to be social

While in some states Loss of Consortium is filed as a separate claim apart from the personal injury case itself, in Arizona it is filed as part of the original claim, and so it is decided in relation to and along with the rest of the lawsuit.

The process

A skilled personal injury attorney will know how to pursue this type of damage for your spouse, just as all of the other aspects of the personal injury claim. During the deposition and/or trial process, the opposing party will likely ask you and your spouse such as:

• What was your relationship with your spouse like before the injury?
• Have the two of you ever had to seek counseling?
• Were you ever abused by the injury victim?
• Were either of you ever incarcerated before the injury?

Their goal will to be to make the relationship between you and your spouse appear so unhealthy and dysfunctional that it will seem that there was no real loss at all.

Other parties

A spouse is more than a person with whom you have a relationship with; he or she is your partner, the one with whom you share the responsibilities as well as companionship and intimacy. Loss of Consortium claims recognize the magnitude of that loss. But other members of your family could also be eligible. Children, a co-parent who is not your spouse, dependent siblings, or dependent parents will also suffer because of your injury. Talk with your Arizona personal injury lawyer to discuss if a Loss of Consortium claim will work for you and your spouse.]]>