When a serious injury occurs in Vermont due to another party’s negligence, the consequences extend far beyond the victim’s physical and emotional suffering. Often, the injured person’s spouse or close family members are also deeply affected, experiencing a disruption in their quality of life and relationship. This loss is recognized under Vermont law as loss of consortium, a legal claim that can be pursued as part of a personal injury lawsuit.
In this article, we will explore what loss of consortium entails, how it can be claimed in Vermont, and what factors influence the compensation available to spouses and family members of injured individuals.
What is Loss of Consortium?
Loss of consortium refers to the negative impact an injury has on the relationship between the victim and their spouse or, in some cases, their immediate family members. This type of claim addresses the following elements:
- Loss of companionship: The emotional and supportive aspects of the relationship are diminished.
- Loss of affection: The injured party may no longer be able to provide the love, care, or companionship they once did.
- Loss of sexual relations: Intimacy may be significantly impacted due to the injury.
- Loss of household services: The spouse may now be responsible for tasks the injured person previously handled, such as child care or household chores.
In Vermont, only spouses are generally eligible to bring a claim for loss of consortium. This is different from other states that may allow claims by children or parents, depending on the relationship and the circumstances.
How Loss of Consortium is Proven in Vermont
Proving loss of consortium is not as straightforward as showing physical injury. Since it deals with intangible elements like companionship and emotional support, courts rely heavily on testimonial evidence from the spouse, the injured party, family members, and sometimes expert witnesses like therapists or marriage counselors.
The following steps are typically involved in proving loss of consortium:
- Demonstrating the pre-injury relationship: It’s essential to show the strength of the relationship before the injury. Photos, letters, and testimonies from friends and family can help establish the depth of the connection.
- Establishing the impact of the injury: The spouse will need to describe how the injury has affected their relationship with the victim. This includes emotional suffering, loss of intimacy, and new responsibilities the spouse has taken on.
- Providing expert testimony: In some cases, experts like psychologists or marriage therapists can offer professional insights into how the injury has affected the relationship.
Vermont courts also consider whether the injured party’s condition is permanent or long-term, as the more significant the injury’s impact on the relationship, the greater the potential damages for loss of consortium.
Factors That Influence a Loss of Consortium Claim
Several factors can affect the value of a loss of consortium claim in Vermont. These include:
- Severity of the injury: The greater the severity and long-term impact of the injury, the more substantial the loss of consortium claim may be. For instance, a spinal cord injury that causes paralysis is likely to result in a higher compensation compared to a less debilitating injury.
- Length of the marriage: Courts may consider the length and strength of the marriage before the injury to determine the impact on the relationship.
- Age of the spouses: Younger spouses may be entitled to higher damages, as the injury could affect them for a longer period.
- Emotional testimony: The depth of the emotional impact and testimony from both spouses, family, and experts can also affect the award.
The Role of Comparative Fault in Vermont
Vermont follows a modified comparative fault rule, meaning if the injured party is found partially at fault for the accident, their compensation—including loss of consortium—can be reduced. For example, if the injured person is found to be 20% at fault, any award for loss of consortium could be reduced by that percentage.
However, if the injured party is more than 50% at fault, no damages will be awarded, including those for loss of consortium. This underscores the need to collaborate with an experienced attorney to ensure that liability is accurately determined.
How Loss of Consortium Damages Are Calculated
Calculating loss of consortium damages is challenging because it involves non-economic losses, which are difficult to quantify. Courts in Vermont look at various factors, including the emotional and psychological toll on the spouse, the impact on daily life, and the future outlook for the couple’s relationship.
While there is no precise formula for calculating these damages, awards can vary significantly. In Vermont, non-economic damages, including loss of consortium, are not subject to a cap, unlike in some other states. This means that the jury or judge has discretion in determining the value of a consortium claim, which can lead to substantial awards in severe cases.
Conclusion
Loss of consortium is an important aspect of personal injury cases, allowing spouses to seek compensation for the deep emotional and relational harm caused by serious injuries. Although these claims can be tough to prove, they play a vital role in ensuring that the non-physical consequences of an injury are recognized in court.
Injured? The Office of Brandon J. Broderick, Personal Injury Lawyers, Can Help
If the unfortunate happens and you’ve been injured in an accident, don’t go at it alone. An experienced lawyer can advocate for your best interest and pursue fair compensation for your damages. At Brandon J. Broderick, Attorney at Law, you can count on us to work tirelessly for your quality of life. Our long track record of success has helped people like you move forward after sustaining an injury caused by another’s negligence.
Contact us now for a free legal review.