When someone suffers a serious injury due to another party’s negligence, the consequences can extend beyond physical pain and financial burden; they can also deeply affect personal relationships. This is where the concept of "loss of consortium" comes into play in a personal injury case. In Massachusetts, loss of consortium is a legal claim that compensates the spouse or family member of an injured person for the harm done to their relationship due to the injury.

This article explores what loss of consortium means, how it fits into Massachusetts personal injury law, and the steps necessary to pursue a claim. We’ll discuss the specifics of proving such a claim, who can file for it, and the potential compensation available.

The most important step to take to claim loss of consortium is to seek legal advice from an experienced Massachusetts personal injury attorney. The law office of Brandon J. Broderick, Attorney at Law can provide a free consultation today.

What is Loss of Consortium?

Loss of consortium refers to the deprivation of the benefits of a family relationship due to injuries sustained by a loved one. Typically, it applies to spouses but can sometimes extend to children and other immediate family members. In Massachusetts, this type of claim seeks to compensate for the loss of companionship and general support that the injured party previously provided before their injury.

For example, if a person is injured in a car accident caused by another party's negligence, and their injuries prevent them from engaging in activities with their spouse or providing emotional and physical support, the spouse may have grounds to file a loss of consortium claim. Such claims are meant to address the non-economic damages caused by the injury’s impact on the personal relationship.

Massachusetts Law on Loss of Consortium

In Massachusetts, the right to file a loss of consortium claim is governed by General Laws Chapter 231, Section 85X, which allows spouses to seek compensation when their partner has been injured. Massachusetts law acknowledges the emotional and relational impact that injuries can have, and thus provides this legal avenue for the spouse of an injured person.

It is important to note that in Massachusetts, loss of consortium claims must be filed alongside the primary personal injury claim of the injured party. They cannot be pursued independently. This means that the injured person’s case must establish that the injury was a direct result of the other party’s negligence for the loss of consortium claim to be valid.

Proving a Loss of Consortium Claim in Massachusetts

To successfully pursue a loss of consortium claim in Massachusetts, the claimant must prove that:

1. A marital or familial relationship exists: In most cases, the claim is brought forward by the spouse of the injured person. However, parents or children may also file such claims under certain circumstances if they can show a significant disruption to their family relationship.
2. The injury was caused by the defendant’s negligence: The injured party’s personal injury claim must demonstrate that the defendant’s negligence directly led to the injury. Without this link, the loss of consortium claim will not stand.
3. The injury has significantly impacted the relationship: The claimant must demonstrate how the injury has affected their relationship. This could include loss of companionship, affection, or physical intimacy. Evidence such as testimony from the spouse or statements from friends, family members, or therapists may be used to establish this impact.

Evidence Used in Loss of Consortium Cases

The success of a loss of consortium claim often depends on the quality and type of evidence presented. Evidence may include:

• Medical records: These can help establish the severity of the injury and its long-term effects on the injured person’s ability to engage in daily activities and maintain a relationship.
• Testimonies: Statements from the spouse, close family members, or other third parties familiar with the couple’s relationship can be helpful. Testimonies might describe how the relationship has changed since the injury occurred.
• Therapy or counseling records: If the couple or family has sought counseling due to the strain caused by the injury, these records may also serve as evidence.

Who Can File a Loss of Consortium Claim in Massachusetts?

Spouses

In Massachusetts, the primary individuals eligible to file a loss of consortium claim are spouses. The law clearly states that spouses have the right to seek compensation when their partner is injured due to another’s negligence, provided they can prove the damage done to their relationship.

Children and Parents

In certain cases, Massachusetts law also allows children or parents of the injured person to file a loss of consortium claim. For children, this is generally applicable if they are minors and have lost the affection and guidance of a parent due to the injury. For parents, it may apply when a child is significantly injured and the parent-child relationship has suffered as a result. However, these cases are more complex and may require additional proof.

Compensation for Loss of Consortium in Massachusetts

Compensation for loss of consortium in Massachusetts aims to provide relief for the emotional and relational damages suffered. This can include:

• Loss of companionship: Compensation for the loss of shared experiences, emotional support, and overall companionship that the injured person used to provide.
• Loss of physical intimacy: When an injury prevents a couple from maintaining a physical relationship, damages can be awarded for this aspect of the loss.
• Loss of household contributions: Compensation may also cover the injured person’s inability to contribute to household activities, such as child-rearing or home maintenance.

It is important to understand that loss of consortium damages are considered non-economic. They are often harder to quantify compared to economic damages such as medical bills or lost wages. The amount awarded will depend on the unique circumstances of each case, including the extent of the injury and its impact on the relationship.

Statute of Limitations for Loss of Consortium Claims in Massachusetts

In Massachusetts, a loss of consortium claim must be filed within the same statute of limitations as the primary personal injury claim. Generally, this means the claim must be filed within three years of the date of the injury, according to Massachusetts General Laws Chapter 260, Section 2A. Failing to file within this timeframe may result in the dismissal of the claim.

Call Brandon J. Broderick For Legal Help

Navigating Massachusetts personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.