A car accident can shatter lives in more ways than one. While the injured spouse grapples with physical and emotional recovery, the other spouse often faces a different, yet equally devastating, blow: the loss of a fulfilling marital relationship. Fortunately, Massachusetts law recognizes this hardship through the legal concept of "loss of consortium," allowing spouses to seek compensation for the intangible losses stemming from a car accident's impact on their marriage.

What is Loss of Consortium?

Loss of consortium encompasses the intangible aspects of a marriage disrupted by a car accident. It acknowledges the non-economic losses a spouse suffers due to their injured partner's diminished physical, emotional, or sexual capacity. This can include:

  • Loss of companionship: Inability to participate in shared activities, enjoy intimate moments, or experience emotional support.

  • Loss of affection and intimacy: Physical limitations or emotional trauma impacting physical intimacy and emotional closeness.

  • Loss of services: Inability to fulfill routine household chores, childcare responsibilities, or previously shared practical tasks.

  • Loss of consortium in procreation: Inability to have children or participate in a normal sexual relationship due to the accident's impact.

Loss of Consortium Claims

Massachusetts recognizes both spouses' right to claim loss of consortium. To succeed in such a claim, you must prove:

  • Your spouse sustained a compensable physical injury due to the negligence of another party. This typically involves proving the other driver was at fault.

  • The car accident injury directly caused a loss of consortium in your marriage. This requires documenting the specific ways the accident impacted your relationship, such as changes in intimacy, companionship, or household roles.

  • The loss of consortium is significant and not temporary. Courts consider the pre-accident relationship dynamic and the severity of the accident's impact to determine the claim's validity.

Why Consider a Massachusetts Car Accident Lawyer for Loss of Consortium Claims?

Don't let the deceptively simple concept of loss of consortium lull you into a false sense of ease. Proving and valuing these claims is a legal labyrinth where an experienced Massachusetts car accident lawyer becomes your indispensable guide. They'll navigate the intricate legal framework, ensuring your claim meets every requirement. They'll gather meticulous documentation of your pre-and post-accident life, from medical records to testimonies, meticulously painting a picture of your loss. They'll expertly value your claim, drawing on their knowledge of similar cases to assign a fair price tag to the intangible. And finally, they'll be your fearless champion against insurance companies, fiercely negotiating for a settlement that reflects the devastating impact on your marriage. With a skilled lawyer by your side, this complex journey becomes a smoother path, leaving you free to focus on healing and rebuilding your life together.

A 2019 study by the American Bar Association found that only 27% of plaintiffs in personal injury cases represented by lawyers secured successful verdicts, compared to just 5% of those who represented themselves. This underscores the significant advantage of having legal expertise navigating the complexities of your claim.

A car accident can leave lasting scars on your marriage, and understanding your legal rights is crucial to seeking rightful compensation for the loss of consortium you've experienced. While this blog post provides a general overview of Massachusetts law, each case is unique. Consulting with an experienced Massachusetts car accident lawyer from Brooks & Crowley can ensure your claim receives the attention and expertise it deserves. By providing comprehensive legal guidance and unwavering support, we can help you navigate the path to recovery and secure the compensation you rightfully deserve.

Speak With Our Massachusetts Car Accident Lawyers Today

Remember, you are not alone. Contact Brooks & Crowley today by calling 781-251-0555 for a free consultation or fill out a contact form here, and let us help you rebuild your life and marriage.