Many times, in tragic accidents, the folks behind the scenes are forgotten about. Permanent injuries go beyond the physical and often upset the mind, causing injury to it as well. Consortium claims fill the gap and involve loss of love, affection, sexual relations, etc. and can also include household duties and chores, depending on each couple’s situation.
In most actions, the plaintiff is the spouse of the injured person. The key to a loss of consortium claim is that it is significantly related and attached to the primary injury. For instance, a stronger loss of consortium claim might involve a situation where one is sadly rendered quadriplegic in an accident due to the fault of another. If they are not able to perform their marital services then the other spouse would have a valid claim against the tortfeasor and could attach a loss of consortium claim. These claims, if valid, are now recognized in a majority of states.
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North Carolina requires that the primary injury be something of substance. As described above, to be a valid loss of consortium claim, the initial claim must be valid first. In evaluating these claims, under North Carolina law, the Statute of Limitations to a consortium claim is attached to the Statute of Limitations of the primary injury. So say you have three years to file a medical malpractice claim. Because of the malpractice, your spouse can no longer contribute to the household chores or those duties “incident” to the marriage. The plaintiff here for a consortium claim would also have three years to file the claim. The exception to this rule is that the claims must be filed together in order to properly put the defendant on notice.
What’s recoverable in a loss of consortium is those previously mentioned losses of love and relations but also economic damages. An example would be in a household where there is only one breadwinner and the stay at home spouse is injured. Who will take of the kids? Who will take care of the household chores? Economic losses can be measured by the replacement costs of a maid or nanny. However, companionship and sexual relations do not fit as neatly into such calculations. They are more appropriately measured by a jury of our peers and in more cases than not, correctly measured.
For further questions or if you have suffered a loss due to a recent injury to your spouse please call Shapiro, Cooper Lewis & Appleton, P.C. at (866) 735-1102.
Rick Shapiro has practiced personal injury law for over 30 years in Virginia, North Carolina, and throughout the Southeastern United States. He is a Board-Certified Civil Trial Advocate by the National Board of Trial Advocacy (ABA Accredited) and has litigated injury cases throughout the eastern United States, including wrongful death, trucking, faulty products, railroad, and medical negligence claims. During his three-decade career, Shapiro has won client appeals before the VA Supreme Court, VA Court of Appeals, NC Supreme Court, SC Supreme Court, WV Supreme Court, TN Supreme Court, and three times before the United States Court of Appeals for the Fourth Circuit, underscoring Shapiro’s trial achievements. In addition, he and his law firm have won settlements/verdicts in excess of $100 million. His success in and out of the courtroom is a big reason why he was named 2019 “Lawyer of the Year” in railroad law in U.S. News & World Report's Best Lawyers publication (Norfolk, VA area), and he has been named a “Best Lawyer” and “Super Lawyer” by those peer-reviewed organizations for multiple years. Rick was also named a “Leader in the Law, Class of 2022” by Virginia Lawyers Weekly (total of 33 statewide honorees consisting of lawyers and judges across Virginia). And in September 2023, Rick was selected as a recipient of the National Board of Trial Advocacy (NBTA) 2023 President’s Award. Although many nominations were submitted from across the country, Rick was just one of eight attorneys chosen by the prestigious National Board which certifies civil trial attorneys across the U.S. Rick was also recently named to Virginia Lawyers Weekly 2024 Virginia’s Go To Lawyers Medical Malpractice. The attorneys awarded this honor are nominated by their colleagues and chosen by a panel from the publication.
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