Personal Injury Claims: Loss of Consortium Claims Are About More than Just Sex

by Bryan S.
(Wilmington)

I can tell you from personal experience that a loss of consortium claim is about more than just sex. When my wife was injured in a car accident a few years ago, she was hurt pretty badly. She spent a lot of time lying in bed or on the couch for the first month or so afterwards. I took the kids to their lessons and practice, did most of the shopping and housework that absolutely needed to be done. My mother-in-law helped out some, too. I didn’t mind doing that stuff; after all it is my job, the whole “in sickness and in health thing”.


Sex was completely off the table during that time. None of that mattered to me as much though, as the simple fact that I just missed my wife. She was physically there, but she was not herself. She was in pain or sleeping. I missed her so much. I just missed being able to have a meaningful conversation with her or smile at her across the dinner table.

My lawyer explained the loss of consortium claim to me; that it involved loss of companionship and marital relations. We added it to my wife’s personal injury claim. The insurance company did not want to consider it. They said that my wife was at home with me. We had to file a lawsuit. We went to a meeting with a judge to mediate the case, and I still remember the woman from the insurance company smirking at me and my wife when the attorney for their side said that my wife and I would have to be willing to talk about our sex life in open court if we wanted to pursue that part of our claim.

I called that lady on her bluff. I told everyone in that room how much I had missed my wife during her recovery; that she wasn’t herself and being intimate was more than just having her lay there in bed and let me do my thing on her. I don’t have to be shy about talking about sex. No one really is any more. I also told them that the whole family had suffered because my wife had been so out of it and that they were lucky I wasn’t adding the kids as Plaintiffs also.

My wife was a little embarrassed by some of the things that I said, but I think that the insurance adjuster was the most embarrassed person in the room. The insurance company ended up putting another $10,000 on our case and I am pretty sure it was because I did not back down. I’m glad that we didn’t have to go to court, but I would have. My relationship with my wife is worth it.

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


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