How to Make a Valid Loss of Consortium Claim
by Barbara B.
I know what a loss of consortium claim is, but how do I actually make a lost consortium claim? Rob D, Middletown, MD
If you really do have a valid loss of consortium claim, it is a relatively easy claim to make. First be sure that you meet the basic requirements; that you are in a valid marriage, that your personal injury occurred after the marriage, and that the injury caused the lost consortium. You will need to tell the insurance company that you wish to pursue a loss of consortium claim as part of your personal injury claim. The sooner you do that the better.
After that, you will need to be able to show that your injury was serious enough to affect your marital relationship. Remember that your marital relationship is more than just sex; it is companionship and affection, as well as participation in the rearing of children if there are any. The most common way we in the insurance industry see this type of claim supported is through medical reports. If you are having marital difficulty because of your accident-related injury, you should not be ashamed to tell your doctor. Your doctor has heard it all before. Your doctor will document your complaints in your medical records, which will in turn go to the insurance company to support your claim. Your doctor may be able to help you with these issues also. If there are no medical records to support your claim, you will have a very difficult time getting the insurance company to consider it.
As well as the medical records, you and your spouse may need to provide testimony about how your relationship was changed because of your personal injury. If the case is not in litigation, this might be in the form of a letter. If your case does not settle and goes into litigation, then you may talk about the relationship changes in your deposition (the formal questioning that the involved people go through as part of litigation). This article is approved for informational purposes and is not intended to take the place of competent local legal counsel.