When a serious injury disrupts your family’s life, it affects more than just the person hurt—it changes the dynamics of the entire household. For spouses, this often means dealing with emotional strain, loss of companionship, and the challenges of adjusting to a new normal.
In Kentucky, the law recognizes the toll an injury can take on a marriage through what’s called a loss of consortium claim. If your spouse has been injured due to someone else’s negligence, you may be entitled to compensation for the impact it has on your relationship. At Sheehan and Barnett in Danville, KY, we’re here to help you understand these claims and fight for the justice you deserve.
What Is Loss of Consortium?
Loss of consortium refers to the ways your marriage is affected when your spouse is injured. This type of claim is designed to compensate for things like:
- Companionship: The emotional connection and friendship you share with your spouse.
- Affection: The ability to show love and care for one another.
- Intimacy: Physical closeness and a healthy marital relationship.
- Support and Services: Household contributions, child-rearing, or other responsibilities your spouse can no longer fulfill.
Importantly, only a spouse can file a loss of consortium claim in Kentucky—children or other family members aren’t eligible.
How Do You Prove a Loss of Consortium Claim?
To successfully file a loss of consortium claim, there are a few key elements you’ll need to prove:
1. A Valid Marriage
You must have been legally married to the injured party at the time of the accident. Kentucky doesn’t allow these claims for unmarried partners or other family members.
2. A Significant Injury
The injury must be serious enough to disrupt your relationship. For example, permanent disability, chronic pain, or other life-altering injuries could form the basis of a claim.
3. Negligence Was Involved
The injury must have been caused by someone else’s careless or wrongful actions. This often ties into the same legal proof required for your spouse’s personal injury claim.
4. Evidence of Damages
You’ll need to show how your marriage has been affected. This might include:
- Testimonies from you and your spouse.
- Statements from friends or family.
- Documentation of household changes, like added responsibilities or emotional strain.
How Are Loss of Consortium Damages Calculated?
Loss of consortium claims fall under non-economic damages, which cover things like emotional pain and loss of enjoyment in life. Unlike economic damages (medical bills or lost wages), these losses are more subjective.
The good news? Kentucky doesn’t cap non-economic damages, so there’s no set limit on how much you could recover. However, building a strong claim often requires compelling evidence that illustrates the depth of your losses.
How Does Comparative Negligence Affect My Claim?
Kentucky operates under a pure comparative negligence rule. This means that if your injured spouse was partially at fault for the accident, any compensation for a loss of consortium claim will be reduced by their percentage of fault.
For example, if your spouse is found 25% at fault, your recovery would be reduced by that amount.
Why You Need an Experienced Attorney
Loss of consortium claims are deeply personal and legally complex. They require careful attention to both the facts of your case and the emotional toll the injury has taken on your family.
At Sheehan and Barnett, we combine a compassionate approach with a deep understanding of Kentucky law to help families navigate these difficult times. We’ll work with you every step of the way to ensure your rights are protected and you receive the compensation you deserve.
We’re Here to Help
If your spouse has been injured and you believe your marriage has been affected, we’re here for you. Let Sheehan and Barnett help you explore your legal options and fight for the justice your family needs to move forward.
� Call us today at 859-236-2641 for a free consultation. We’re proud to serve families in Danville and throughout Kentucky.