What Is Loss of Consortium in a Personal Injury Claim?

A Loss of Consortium Claim Depends on the Success of the Spouse’s Claim

In Nevada, the spouse’s loss of consortium claim is derivative of the injured victim’s claim. Derivative just means that the loss of consortium case goes along with the injured spouse’s claim. The husband or wife must bring their claim along with the injured party’s claim. If the injured victim doesn’t meet their burden of proof for recovery, the spouse doesn’t recover anything for the loss of consortium case, either. In the Nevada Supreme Court case Gunlock v New Frontier Hotel, the court dismissed a loss of consortium claim because there was no valid claim by an injured victim.

When an attorney represents a client in a loss of consortium case, they must strike a balance between presenting the underlying personal injury action and presenting the loss of consortium case. Winning a loss of consortium case means presenting the personal injury action first but also showing the elements of loss of consortium. It’s important to remember that the personal injury action is the most important. Your attorney can help you strike the right balance between presenting the elements of the loss of consortium claim without allowing it to become a distraction from the main case and most significant damages.

A loss of consortium claim may arise from any of the following types of personal injury claims:

• Negligence
• Gross negligence
• Recklessness
• Intentional offenses
• Products liability
• Premises liability
• Strict liability

Cases like car accidents, slip and falls, dangerous property cases and all other types of personal injury accident cases qualify for loss of consortium if there’s an injury to the victim’s marriage or domestic partnership.

It’s also important to remember that the spouse’s claim is derivative when you’re in pre-trial settlement negotiations. If the injured victim signs a settlement that releases their claim, that settlement applies to the spouse’s loss of consortium claim as well. The injured victim and their spouse should fully understand that a settlement of the victim’s case fully resolves the case including the loss of consortium claim.

A Domestic Partner Counts as a Spouse

Under Nevada law, a spouse or an unmarried domestic partner may bring a loss of consortium claim. Nevada law 122A.200 extends all the same rights to domestic partners that spouses have. If you are the spouse or partner of the injured victim, the law protects your right to bring a claim for the disruption in your domestic relationship.

Discovery Process in a Loss of Consortium Claim

Your attorney should carefully explain the process of filing a loss of consortium claim. A claim for loss of consortium involves digging into the details of the marriage relationship both before and after the injury. While your attorney can help you minimize any undue intrusions on your privacy, a loss of consortium claim does involve revealing some personal information about the nature of the marriage relationship.

Talk to Our Personal Injury Attorneys in Las Vegas

If you’re the spouse of a personal injury victim, you may have a valid claim for loss of consortium. There are time limits to assert your claim. Contact our team of Las Vegas injury attorneys to determine what you might recover and how to assert your loss of consortium claim.