Understanding Loss of Consortium Under Massachusetts Law
When someone is seriously injured due to another party’s negligence in Massachusetts, the damages extend beyond the injured person. Serious injuries fundamentally affect the injured person’s closest relationships. Massachusetts law recognizes this through a legal concept called loss of consortium – a claim by a spouse or domestic partner for the damages they personally suffer as a result of their partner’s injuries.
What Does Loss of Consortium Cover?
Loss of consortium damages can include compensation for: loss of companionship and society; loss of affection and emotional connection; loss of physical intimacy; loss of the injured person’s household contributions; and the increased caregiving burden placed on the uninjured partner. It is a non-economic damage – it does not require proof of specific dollar amounts, but rather a showing of the real impact of the injuries on the relationship.
Who Can Bring a Loss of Consortium Claim in Massachusetts?
Under Massachusetts General Laws Chapter 231, § 85X, a spouse or domestic partner of an injured person has the right to bring a loss of consortium claim. The claim belongs to the uninjured partner and must typically be brought together with the primary personal injury case.
How Loss of Consortium Affects Your Case Value
In serious injury cases – particularly traumatic brain injuries, spinal cord injuries, and other permanent conditions – loss of consortium can add significantly to the total value of a claim. Insurance companies often try to minimize or ignore consortium claims. A properly developed and presented consortium claim can make a meaningful difference in your total recovery. Contact Larson Law for a free consultation to discuss all available claims in your case.