When a serious injury happens, the impact reaches far beyond the injured person. Spouses lose their partner in countless ways — emotional, practical, intimate. Children lose a parent’s presence and guidance. Loss of consortium is the legal recognition of these harms.
The Detailed Answer
Spousal Loss of Consortium
The spouse of a person seriously injured by another’s negligence may be entitled to pursue a separate claim for the loss of:
- Companionship and society
- Affection and emotional support
- Sexual relations
- Household services the injured spouse can no longer perform
The claim is derivative — meaning it depends on the injured spouse’s underlying claim — but it is filed by the non-injured spouse in the same lawsuit.
Children’s Claims
Delaware does not generally recognize a separate cause of action for children’s loss of parental consortium when the parent is injured but survives. However, in wrongful death cases under 10 Del. C. § 3724, children of the deceased are listed beneficiaries who may recover damages including loss of parental support and guidance, as well as mental anguish under the statute.
Calculating the Loss
Because these damages are non-economic, juries assess them based on:
- Length and quality of the marriage or family relationship
- Nature and severity of the underlying injury
- Specific changes in the relationship since the injury
- Testimony from the spouse, children, and others familiar with the family
What This Means for Your Case
If your spouse has been seriously injured in a Delaware accident, your own claim should be evaluated alongside theirs. The same is true if you lost a parent in a wrongful death case — your share of statutory damages depends on the relationship and dependency. Joseph M. Jachetti has experience handling cases where consortium and family-relationship damages are at issue.
Related Questions
Q: Does loss of consortium apply to unmarried partners?
In Delaware, the claim has historically been tied to the legal marital relationship. Unmarried partners generally do not have the same standing.
Q: Is there a separate statute of limitations?
The derivative claim generally tracks the underlying personal injury limitations period of two years under 10 Del. C. § 8119.
Q: Can both spouses settle separately?
The claims can be handled together or separately depending on case strategy, but each spouse’s release should be carefully drafted.
When to Talk to a Delaware Personal Injury Lawyer
Family-relationship damages are often overlooked when the focus is on the injured person. A Delaware personal injury attorney can evaluate whether a consortium claim should be part of your case.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.