When a family member suffers from serious injuries because of someone else’s negligence, the impact often extends beyond them and to their whole family. In Massachusetts, an injured person’s spouse, minor children, and dependent adult children with disabilities have a right to their own separate claim for all the ways that their relationship with the injured person was affected. This is called a “loss of consortium” claim.
Under Massachusetts case law, that includes loss of companionship and the benefits of married life, loss of comfort, solace or moral support, restrictions on a social or recreational life; basically, it is a claim for the loss of the full enjoyment of the marital or parent-child relationship. In the case of marriage, it also includes any loss of enjoyment of sexual relations or ability to have children.
In Massachusetts, not only do the children as described above have a right to sue for loss of consortium as a result of a serious injury of a parent, but parents may also bring such a claim for their loss of consortium resulting in a serious injury to those children.
Some of the factors considered by insurance companies and juries when evaluating loss of consortium claims are the ways in which injuries have affected the party bringing the claim, the relationship that party had with the injured person prior to the injuries, and the severity of the injuries.
The attorneys at KAZAROSIAN COSTELLO LLP are experienced in loss of consortium cases and are available to evaluate your options. If a member of your family has been injured, feel free to contact us to discuss your case.
