Loss of affection claims in Alabama

The legal term “loss of consortium” refers to the loss of spousal benefits that have happened as a result of your spouse’s injuries. Loss of consortium may also be referred to as “loss of affection,” or “loss of companionship.” These claims relate to how an uninjured spouse’s life was negatively affected by his or her spouse’s serious and debilitating injuries.

When a spouse files a loss of consortium claim, the claims are usually included in the injured spouse’s personal injury claim. As such, the uninjured spouse may be named as an additional plaintiff in the court filing. Loss of consortium claims may refer to the loss of a sexual relationship, companionship, affection, parenting, care and other domestic benefits.

Courts will try to establish a value on these losses, which — in the case of domestic benefits like house cleaning, cooking and child care — may be quantifiable in monetary terms. In terms of affection and sexual relationship, the losses will be more abstract in nature. However, courts will still strive to assign a fair monetary value to the loss.

Here are a few important issues that may come into play when spouses try to prove a loss of consortium claim:

— Was the marriage loving, stable and likely to last?

— What level of spousal benefits did the uninjured spouse receive from the injured spouse prior to his or her injuries?

— What is the life expectancies of both spouses?

If you feel you have a viable claim for loss of consortium, you may want to talk with your Alabama personal injury lawyer about the topic. Your lawyer can provide valuable insight regarding your potential loss of consortium claims.

Source: FindLaw, “How to Prove Loss of Consortium in a Car Accident Claim,” accessed May 25, 2017