What Is Loss of Consortium?
Loss of consortium is a legal claim that allows the spouse or close family member of an injured person to seek compensation for the loss of companionship, affection, comfort, and support caused by the injured person’s accident. Unlike the injured person’s own claim for pain and suffering, a loss of consortium claim belongs to the family member who has been deprived of the benefits of the relationship due to the injury. Michigan courts have long recognized loss of consortium as a separate and distinct cause of action in personal injury cases.
Who Can File a Loss of Consortium Claim in Michigan?
In Michigan, the right to bring a loss of consortium claim is most firmly established for spouses. When one spouse is seriously injured due to another party’s negligence, the uninjured spouse may file a loss of consortium claim alongside the injured spouse’s personal injury lawsuit. The claim compensates the uninjured spouse for:
- Loss of love, affection, and companionship
- Loss of marital intimacy
- Loss of household services the injured spouse previously provided
- Loss of emotional support and guidance
- Changes to the marital relationship caused by the injury
Michigan courts have also recognized that minor children may, in certain circumstances, bring a claim for loss of parental consortium when a parent suffers serious injuries. These claims compensate the child for the loss of a parent’s care, guidance, companionship, and nurturing.
Loss of Consortium Across All Personal Injury Cases
Loss of consortium claims are not limited to auto accidents. They can arise in any type of personal injury case where the injured person’s injuries are severe enough to meaningfully affect family relationships, including:
- Motorcycle accidents
- Slip and fall accidents
- Dog bite injuries
- Premises liability cases
- Traumatic brain injuries
- Medical malpractice
- Wrongful death cases, where the surviving spouse loses the relationship entirely
How to Prove Loss of Consortium
A loss of consortium claim requires the claimant to demonstrate that the injured person’s injuries have caused a genuine, measurable impact on the family relationship. Key elements of proof include:
- The underlying injury: There must be a valid personal injury claim establishing that the injured person was harmed by another party’s negligence or wrongful conduct
- A qualifying relationship: The claimant must be the spouse (or, in some cases, a minor child) of the injured person
- Demonstrable loss: The claimant must show specific ways the relationship has been diminished
Typical Evidence in Loss of Consortium Claims
- Testimony from the uninjured spouse about changes to the marriage since the injury
- Testimony from family members, friends, or counselors about the relationship before and after the injury
- Medical records documenting the severity and permanence of the injured spouse’s condition
- Evidence of counseling or therapy related to relationship strain caused by the injury
- Documentation of household tasks or caregiving the uninjured spouse has assumed
Michigan Statute References
Loss of consortium claims in Michigan are rooted in common law rather than a single specific statute. However, several Michigan statutes are relevant:
- MCL 600.2922: Michigan’s Wrongful Death Act, which allows surviving spouses and dependents to recover for loss of companionship and society when an injury results in death
- MCL 600.2959: Michigan’s comparative fault statute, which applies to loss of consortium claims and can reduce damages if the injured person was partially at fault
- MCL 600.5805: The statute of limitations, which generally requires loss of consortium claims to be filed within three years of the underlying injury
If you have questions about a loss of consortium claim, contact The Joseph Dedvukaj Firm for a free consultation at 1-866-HIRE-JOE.