What happens when an injury changes not just one life, but an entire relationship?
When someone is seriously injured due to someone else’s negligence, the consequences extend beyond medical bills and physical recovery. The effects ripple through family life, impacting relationships, routines, and emotional well-being. One important, but often overlooked, aspect of a personal injury case is the claim for loss of consortium.
What Does “Loss of Consortium” Mean?
The phrase loss of consortium refers to the emotional and relational losses experienced by the spouse or close family member of an injured person. It covers the noneconomic damages that arise when a loved one’s injury changes the relationship you once had with them.
This can include:
- Loss of companionship
- Loss of emotional support
- Loss of affection or intimacy
- Strain on marital or parental roles
- Inability to enjoy shared activities and experiences
Loss of consortium is not about the injured person’s pain and suffering; it’s about the suffering of their loved ones who have lost a vital part of the relationship.
Loss of Consortium in Iowa Personal Injury Cases
Under Iowa law, spouses have the right to seek compensation for loss of consortium when their partner has been seriously injured due to another’s negligence, such as in a car crash, workplace accident, or medical malpractice incident.
In some cases, even children may be eligible to bring a claim for loss of parental consortium if their parent’s injury impacts the parent-child relationship.
These claims are not typically filed on their own. Instead, they are included as part of a larger personal injury case and are considered when determining the full extent of damages. Iowa courts recognize that relationships suffer when one partner can no longer fulfill their role due to pain, disability, emotional trauma, or permanent injury.
For example, imagine a husband who suffers a spinal cord injury in a collision and becomes permanently paralyzed. His wife may experience a dramatic change in their emotional and physical relationship.
She might also have to take on caregiver duties, manage household responsibilities alone, and cope with the psychological toll of seeing her spouse in pain. Date nights, shared hobbies, and even simple conversations may fade under the weight of physical and emotional strain. A loss of consortium claim allows her to seek compensation for these personal losses.
How Do You Prove a Loss of Consortium Claim?
Loss of consortium is subjective. Unlike other damages, it’s not measured in receipts or medical records. That makes documentation and legal strategy critically important.
Our Des Moines personal injury lawyers help clients gather evidence of an injury’s impact on a relationship.
Some ways to support a loss of consortium claim:
- Testimony from both spouses detailing how the relationship changed
- Statements from friends and family who observed the couple before and after the injury
- Expert opinions from psychologists or counselors
- Journals or written reflections documenting emotional changes over time
- Proof of role changes, such as one spouse becoming the primary caregiver or losing the ability to co-parent effectively
The goal is to provide a clear and compassionate narrative that helps the court or insurance adjuster understand how deeply the injury has affected the relationship, both physically and emotionally, and practically.
Why You Need Experienced Legal Help
Loss of consortium claims require sensitive documentation and must be properly tied to the main personal injury claim. Insurance companies may try to undervalue or dismiss these damages, so it is important to work with an experienced legal team.
At Mueller, Schmidt, Mulholland & Cooling, our Des Moines personal injury lawyers understand how serious injuries can fracture the most essential bonds in your life. We work closely with injured individuals and their families to determine whether a loss of consortium claim is appropriate and assist you in documenting its full impact.
We also know how to present these losses convincingly in court or during settlement negotiations to ensure you receive the compensation you deserve for every way your life has changed.
Talk to Our Des Moines Personal Injury Lawyers Today
If you or a loved one has been injured and your family life has changed, you may be entitled to more than medical expenses or lost wages. A loss of consortium claim acknowledges the personal, emotional, and relational impact that a serious injury has on a family.
Contact Mueller, Schmidt, Mulholland & Cooling today for a free consultation. We will explain your options, evaluate your potential loss of consortium claim, and fight to ensure your voice and relationship are valued in the legal process.
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