What Does Loss of Consortium Mean?
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When a family member has been seriously injured, it is possible to bring a claim for yourself - to compensate you for the damage to your relationship and any loss of services. This is called a loss of consortium, and this type of claim is usually pursued by spouses.
The term loss of consortium comes from the Latin phrase "per quod servitium et consortium amisit" which translates to "in consequence of which he lost her society and services." Loss of consortium claims refer to losses like: economic contributions to the household by the injured spouse, care and affection, and even sex. While these claims are usually brought for injured or deceased spouses, in some cases they can be brought in other family relationships as well, such as parent/child relationships.
Laws vary from state to state, but in Oregon (the primary state for this article) loss of consortium is not generally brought as a claim of its own - rather, loss of consortium is claimed as an element of a personal injury or wrongful death case.
A loss of consortium claim may be brought, in Oregon, on behalf of the following:
- a spouse
- a parent or step-parent
- a child or step-child
- a dependent sibling
- another dependent family member
To determine the extent of the loss, many questions will be asked, including:
- what was the state of the relationship before the accident?
- was there ever any abuse?
- has either ever been to prison?
- did the couple or family ever seek marriage or family guidance counseling?
- any other questions the defense counsel can think of to show that no loss of love and affection has occurred
ABOUT THE AUTHOR: Joshua Shulman and Sean DuBois
Shulman DuBois LLC is a premier personal injury law firm in Portland, Oregon. Specializing in client care, each case that our firm takes is treated with personal attention. We pride ourselves on communicating with and educating our clients at all times.
After each practicing solo for several years, Joshua Shulman, Esq., and Sean DuBois, Esq., started volunteering for the Oregon Trial Lawyers Association. After meeting, the two attorneys recognized that they shared a commit to law and clients, and they became partners to start Shulman DuBois. Our motto is "Fewer Cases. Better Results" and our clients agree.
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More information about Shulman DuBois LLC
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
Laws vary from state to state, but in Oregon (the primary state for this article) loss of consortium is not generally brought as a claim of its own - rather, loss of consortium is claimed as an element of a personal injury or wrongful death case.
A loss of consortium claim may be brought, in Oregon, on behalf of the following:
- a spouse
- a parent or step-parent
- a child or step-child
- a dependent sibling
- another dependent family member
To determine the extent of the loss, many questions will be asked, including:
- what was the state of the relationship before the accident?
- was there ever any abuse?
- has either ever been to prison?
- did the couple or family ever seek marriage or family guidance counseling?
- any other questions the defense counsel can think of to show that no loss of love and affection has occurred
ABOUT THE AUTHOR: Joshua Shulman and Sean DuBois
Shulman DuBois LLC is a premier personal injury law firm in Portland, Oregon. Specializing in client care, each case that our firm takes is treated with personal attention. We pride ourselves on communicating with and educating our clients at all times.
After each practicing solo for several years, Joshua Shulman, Esq., and Sean DuBois, Esq., started volunteering for the Oregon Trial Lawyers Association. After meeting, the two attorneys recognized that they shared a commit to law and clients, and they became partners to start Shulman DuBois. Our motto is "Fewer Cases. Better Results" and our clients agree.
Copyright Shulman DuBois LLC - Google+
More information about Shulman DuBois LLC
View all articles published by Shulman DuBois LLC
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
