Loss of Consortium Claims Require a Valid Marriage Before Injury

by Sasha G.
(Forks, WA)

For a loss of consortium claim to be valid, it is necessary for the parties to be in a valid marriage, either ceremonially or by common law, and for the injury to the one spouse to have occurred during the actual marriage.


Spouses who marry after an injury was sustained, if the injury was known or should have been known prior to the marriage, do not usually have a valid loss of consortium claim; the line “in sickness and in health” is brought to mind. The idea is that there is no loss consortium because the marital relationship remains as it began.

It is unlikely that a loss of consortium claim by the non-injured spouse would be very credible if a divorce was in the works prior to the injury; it would appear that marital relations and companionship had already been lost. If you and your spouse truly believe that you have a valid loss of consortium claim, it would be wise to consult with a personal injury attorney in your area.

An insurance company representative will not bring up a loss of consortium issue before you do, and but for cases involving extreme injury, will generally not even consider such a claim outside of litigation.

This article is approved for informational purposes and is not intended to take the place of competent local legal counsel.

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