Under Nevada personal injury law, "consortium" is the companionship and intimacy shared between spouses or domestic partners. If your loved one suffers a serious injury, they could lose the ability to offer the companionship and love that you need. Unfortunately, most instances that cause injuries are the result of the wrongful acts or negligence of other people.

Victims of negligence or wrongful acts are entitled to compensation through a personal injury claim. As the injured party files a lawsuit for compensation against the persons liable for the injuries, you can claim compensation for the loss of consortium. While the loss of consortium is non-economic damage, you may recover substantial compensation for the emotional suffering you undergo due to the situation.

Proving the loss of consortium in your civil case may be challenging. This is because you must present evidence of marriage or legal partnership before compensation. Additionally, you must link the defendant’s actions with the victim’s injury. For this reason, it is critical to have expert legal guidance.

Understanding the Loss of Consortium Law in Nevada

When a loved one is injured due to another person’s wrongdoing or negligence, you are left thinking of the financial effects of the injury on your life. The injury could cause expensive medical bills and sometimes leave your loved one unable to live a normal life. Unfortunately, spouses and domestic partners of injured parties suffer as much as the victim. Seeking compensation for an injury from the person at fault is part of the healing process for you and your family.

While the injured person claims compensation for their medical expenses, loss of wages, and pain, you can be compensated for the loss of consortium associated with the injury. Under Nevada law, the consortium is the love, care, sexual relations, affection, and companionship enjoyed by couples. When you are unable to enjoy these basic things with your loved one, you are entitled to compensation.

The following are some of the damages that could be the basis for your loss of consortium claim:

Loss of Intimate Relations

Severe injuries to your spouse can affect your intimate relations emotionally and physically. Some injuries can cause a victim to lose their sexual function permanently. This could be a result of nerve damage, paralysis, or damage to sexual organs. For some victims, the physical struggles of intimacy are reduced, but the emotional issues could still remain an issue.

Your intimacy with your partner could also be affected when their injury causes them to take medication that impacts their sexual drive. If your claim is based on such a loss, you may need to disclose your personal issues to the court to increase your chances of compensation.

Loss of Companionship

Under Nevada’s loss of consortium law, companionship is the emotional support that your spouse provides you. After a serious injury, the victim may be incapable of providing the same level of support, which can leave you struggling emotionally. Head and brain injuries are some of the most common causes of loss of emotional support. Severe cases of brain injury can cause a person to be mentally incapacitated. This could affect their interactions with their loved ones.

Loss of Support

An injury to your spouse or partner can affect your family financially. This occurs when the injured party is the main contributor to household expenses, or you contribute equal portions. The financial incapacity caused by such an incident can be devastating for you and your family.

Sometimes, a person can make a full recovery and resume work. However, in other cases, the injury may be permanent, and their contribution will be lost. If your spouse’s injury has left you struggling financially, you can file a claim for loss of consortium.

Loss of Services

Some couples share household duties to keep the household running. When one party suffers severe physical injuries, they cannot offer their help. This could leave one party with the burden of providing both financial resources and labor for the household. For example, when your spouse has suffered paralysis in an accident, they cannot help you with cooking, cleaning, or even childcare.

Since loss of services affects a couple’s ability to work together in building a household, you can file a claim for loss of consortium.

Events that could Result in Loss of Consortium

You seek compensation for loss of consortium if your spouse or domestic partner is injured due to another person’s actions. Your claim could be based on the following types of personal injury claims:

Negligence

Under Nevada law, negligence occurs when a person acts in a way that puts other individuals at risk of injury. A claim based on negligence is common when your loved one is a victim of an auto accident. In this case, the personal injury claim will be based on the negligence of the person responsible for the accident. Common forms of negligence that would warrant a personal injury claim include:

  • Drunk driving.
  • Distracted driving.
  • Failure to obey traffic rules.
  • Poor maintenance of roads.
  • Speeding.

When proving negligence in a personal injury claim, the following elements must be clear that the defendant owed the victim a duty of care, which they bleached. The breach of duty, in this case, must have been the primary cause of the victim’s injuries. If your loved one is injured due to another person’s negligence, you can be compensated for the loss of consortium.

Product Liability

An accident or injury that results from a defective product can be the basis for a personal injury claim. Product manufacturers have the responsibility to manufacture safe products and warn consumers of any side effects. Failure to do this can result in severe physical, mental, and financial injuries.

When your injured spouse files a personal injury claim against the product manufacturers for their role in producing dangerous products, you may be able to recover for your loss of consortium.

Intentional Offenses

Intentional crimes like assault attract serious criminal penalties. However, Nevada law also allows the victims of these acts to seek compensation by filing a civil case. A critical part of ensuring a successful claim and compensation is understanding the type of legal action you need to take. If the injuries caused to your loved one impact your relationship, you can recover compensation.

Premises Liability

A premises liability lawsuit arises when a person is injured due to unsafe conditions at a building. The most common forms of premise liability include:

  • Slip-and-fall accidents.
  • Dangerous chemical emissions from the property.
  • Dangerous animals.
  • Swimming pool accidents.
  • Fires.

If the injured party can successfully show that the property owners are responsible for their injuries, you can claim compensation for the lost consortium.

Elements of Loss of Consortium

Instead of a jury, personal injury claims are decided by a judge. Before you can recover compensation for the loss of consortium, you must prove the following elements:

You Have a Lawful and Valid Marriage or Domestic partnership

There are two main categories of individuals who are eligible to file a claim for loss of consortium after a loved one’s injuries, including:

  • Married couples. Most cases of loss of consortium are filed by married couples. In this case, the plaintiff must have a valid marriage certificate.
  • Domestic partner. Domestic partners are recognized by Nevada’s loss of consortium laws. A domestic partner is an individual with whom you live together but are not legally married.

Your Spouse or Domestic Partner Suffered a Serious Injury

Another element that must be clear when you file a claim for loss of consortium is that your spouse or domestic partner suffered an injury, and they have a valid personal injury claim. Whether your loved one suffered an auto accident, a defective product accident, or an unsafe workplace injury, they should be entitled to compensation in a personal injury claim.

Proving this element is critical since your loss of consortium claim depends on the outcome of your loved one’s personal injury case.

You Suffered a Loss of Consortium

You must prove how your loved one’s injuries caused your loss of emotional support, love, and companionship before you can recover compensation. Proving a loss of consortium can be uncomfortable and challenging. This is because you will be required to disclose intimate details about your relationship with the injured party.

In addition to your testimony and journal showing how you suffered, you can present witness testimony from doctors and therapists who can attest to your loved ones' change in behavior after the injury. Working with a skilled personal injury attorney is critical as you strive to prove the loss of consortium.

Your Loss of Consortium is a result of your Spouse's Injuries

The last element that you must prove when seeking compensation for loss of consortium in Nevada is that your loss is a direct consequence of your loved one’s injuries. You can do this by showing how the extent of your loved one’s injuries has affected their physical and emotional behavior.

Dealing with Insurance Companies for a Lost Consortium Claim

If your loved one is injured due to another person’s negligence or wrongdoing, the personal injury lawsuit is set to be settled by the insurance company of the at-fault party. In most cases, you will have a strong claim for loss of consortium if your loved one suffers severe or permanent injuries.

Before you file a civil lawsuit in court, you can try to negotiate a settlement with the insurance company of the at-fault party. This means that you will have extensive meetings with the insurance adjusters to come up with a settlement. Insurance companies work hard to ensure that they offer the least amount possible in compensation. For this reason, they employ different tricks to demean your claim.

Insurance adjusters will contact your loved one immediately after an accident or an injury, seeking to meet and discuss the claim process. You can protect yourself from the insurance company by ensuring that you have expert legal representation.

It may be difficult for insurance adjusters to dispute a claim for economic damages. This is because the plaintiff will present physical evidence like missed work days and medical bills to support the claim. However, for non-economic damages, the claim relies on your testimony as the victim. Insurance adjusters will seek to ensure that they pay you little or no compensation.

If you decide to settle your loss of consortium claim out of court, you should be careful when dealing with the insurance company. You are not obligated to sign any document from the insurance company until you have received the compensation you seek. The information you offer the insurance company can be used against you. Therefore, you must be guided by a personal injury attorney.

If the settlement offered by the insurance company is not satisfying, you can take your case to court. Under Nevada law, a loss of consortium claim is a derivative claim. This means that your ability to recover commendation for the damages depends on the injured party's claim for compensation.

Your spouse or domestic partner must sue the negligent parties for injury and loss of consortium for you to be compensated. If an injury victim files a successful claim and the court orders compensation, you can also be reimbursed for the damages.

Calculating Loss of Consortium Damages in Nevada

Loss of consortium is non-economic damage. Therefore, there is no exact amount you can expect to recover from your claim. You can seek compensation for this damage by negotiating a settlement with the insurance company of the fault party or taking the case to court. When you file a civil lawsuit in court, the judge will decide on the amount you deserve as compensation.

Some of the factors that may impact the amount you recover for your claim include:

  • Your ability to engage in sexual relations with your spouse. Injuries for which a victim could seek compensation vary in severity. Your spouse could suffer physical, emotional, or psychological injuries from their accident. The ability to engage in sexual relations with your spouse may be one of the things you could lose when they are wrongfully injured. When determining the amount you deserve for your claim, the judge may consider this factor.
  • Your spouse’s ability to help with child-rearing expenses. If a person suffers serious injuries that leave them physically incapacitated, they may be unable to help care for the children. In this case, you could be left with all the responsibility or pay someone else to perform the child-rearing duties. If your spouse’s injury prevents them from performing parenting duties, you can recover more for the loss of consortium.
  • Your spouse’s ability to offer emotional support. Loss of consortium is mainly the loss of a person’s ability to offer emotional support and companionship. This could be a result of severe physical or psychological injuries.
  • Your ability to conceive if you want children. You could recover more compensation if your spouse’s injury prevents you from conceiving when you want children. Such an incident can put you in immense emotional and mental anguish.

When discussing your claim with your attorney, you should not be ashamed to disclose all the details of your relationship and how your spouse’s injuries have affected your life. This allows the lawyer to build a strong lawsuit and help you recover maximum compensation.

Preserving the Value of your Claim for Loss of Consortium

Even when you have a valid claim for loss of consortium, the insurance company of the at-fault party may try their best to downplay your claim. If you plan to file a claim for loss of consortium after a loved one’s injuries, you can take the following steps to increase your chances at compensation:

Ensure that the Injury Victim Undergoes Treatment

Your claim for loss of consortium is tied directly to the victim’s injuries. Therefore, you must ensure that their personal injury claim is successful. Most injuries that result in a loss of consortium are severe and sometimes permanent. By ensuring that the injury victim follows their treatment plan, you can use their medical records to convince the court of your loss of consortium.

Seek Counseling

The loss of love, companionship, and support from an injured partner can cause you severe mental and emotional distress. If you plan on seeking compensation for the loss of consortium, you must ensure that you undergo counseling. This will help prove to the court that you suffered from the injury.

Keep a Journal

When you file a claim for loss of consortium after a loved one's injuries, it may be challenging to convey the struggles that the injuries have caused in your relationship. Sometimes, you may feel embarrassed to disclose personal issues about your relationship. Recording the emotional and physical challenges that you and your spouse have had since the injury may make the personal issues discussed in your claim easier.

Find a Knowledgeable Personal Injury Lawyer Near Me

When your loved one is injured in an auto accident, product liability, or criminal act, you could suffer alongside them. An injured partner cannot provide the love, compassion, and support you need in the relationship. In this case, you can file a lawsuit to claim compensation for the loss of consortium.

Under Nevada law, your claim for loss of consortium will significantly depend on your spouse’s personal injury case. Therefore, if their lawsuit is successful, you stand a chance to be compensated for losing the love, support, and companionship they offered. Before you recover compensation for this type of damage, you must prove that you were married to the victim or you were in a domestic partnership with them at the time of injury.

Hiring and retaining a personal injury attorney while you file your claim for loss of consortium is important. Your lawyer will help you prove the elements of loss of consortium and increase your compensation for the losses associated with your spouse’s injury. At the Las Vegas Personal Injury Attorney Law Firm, we offer expert legal guidance for our clients battling a personal injury lawsuit in Las Vegas, NV. Call us today at 702-996-1224 to discuss your claim.