In Nevada, loss of consortium claims may be filed in certain personal injury cases by a spouse who alleges they have been deprived of the benefits of the spousal relationship due to their partner’s injuries. However, before a spouse can recover damages for loss of consortium, the injured partner must first prove the elements of a valid personal injury claim.
Understanding a Loss of Consortium Claim in Nevada
When a person sustains an injury, numerous aspects of their life may be impacted. For example, they may be unable to work or perform everyday activities. Their injury may also negatively impact their relationship with their spouse. Some consequences and impacts may be temporary, but others may last a lifetime.
The legal term for the damage to the spousal relationship caused by the injuries is loss of consortium.
Examples of loss of consortium include:
- The loss of affection, solace, love, moral support, and companionship
- The inability to have sexual relations and/or bear children
- The loss of care, assistance, and protection
- The inability to take care of the couple’s children or perform household chores
- The inability to engage in social activities with the spouse that the couple enjoyed before the injury
Loss of consortium claims fall into the category of non-economic damages, which is the same category as pain and suffering damages for the injured party. There is no set amount or formula for calculating non-economic damages. The value of a loss of consortium claim is subjective because each person suffers differently.
The spouse does not receive economic damages for a loss of consortium, such as lost wages or medical bills. The claim is limited to the suffering experienced by the spouse because of their partner’s injuries.
Proving Liability for a Loss of Consortium Claim in a Nevada Personal Injury Case
Proving liability for a loss of consortium claims requires you to prove four legal elements:
You Were Married to the Victim or Were in a Domestic Partnership With Them
You must prove that you were legally married to the injured party when they sustained the injury to file a loss of consortium claim. Nevada also permits domestic partners to file for a loss of consortium per Nevada Revised Statute §122A.200.
The Spouse Sustained an Injury
The injured party (your spouse) must have sustained a tortious injury. A tort is conduct that causes someone else harm. It gives the victim a cause of action against the at-fault party for damages.
Negligence is one of the most common causes of action for personal injury cases. Negligence-based claims include slip and fall accidents, car accidents, and medical malpractice.
Strict liability may also be a cause of action for product liability claims. Intentional torts involve a deliberate act to cause injury, such as battery, murder, and assault.
You Sustained a Loss of Consortium
Proving you suffered because of your spouse’s injury can be challenging. Your marital relationship must have suffered in some meaningful form for you to have sustained a loss of consortium. Something must have changed substantially since the accident.
For example, if your spouse sustained a back injury that required extensive medical treatment, your sexual relations with your spouse may be impacted.
You and your spouse will need to disclose intimate details of your marriage, which may be difficult on the witness stand. Other witnesses with first-hand knowledge of marital relationships and the impact of the injuries may also testify, including family, doctors, and friends.
Your Spouse’s Injury Caused the Loss of Consortium
You must prove a direct link between your spouse’s injury and your loss of consortium. A couple’s relationship may change for many reasons. You must have evidence that proves the change in your relationship since the accident is a direct cause of your spouse’s injuries.
Comparative Fault Applies in Loss of Consortium Claims
Nevada’s comparative fault law also applies to loss of consortium claims. If the spouse filing the claim is partially at fault for the injury that led to the loss of consortium, the amount they can recover may be reduced accordingly.
For example, if a jury finds the victim was 20% at fault for the car crash that caused their injuries, the court will reduce damage by that amount. However, if the jury finds the victim was 51% or more at fault, the victim will be barred from receiving any money.
Get Help With a Loss of Consortium Claim in Nevada
Las Vegas personal injury lawyers understand the complex nature of loss of consortium claims. Call De Castroverde Accident & Injury Lawyers to schedule a free consultation today at (702) 222-9999.
