When someone suffers a catastrophic injury, the damage doesn’t stop with that person. It ripples outward. Spouses, children, and sometimes parents experience profound losses that people rarely talk about, but the law recognizes. Loss of consortium claims provide a path for family members to seek compensation for how an injury has fundamentally changed their relationship with their loved one.
Understanding Loss Of Consortium In Ohio
Loss of consortium refers to the deprivation of benefits in a family relationship. In Ohio, these claims typically belong to spouses, though recent legal developments have expanded who can file in certain situations.
“Consortium” covers more than just physical intimacy. It’s broader than that. The term includes:
- Companionship and emotional support
- Help with household responsibilities
- Guidance and moral support
- Affection and care
- The ability to participate in shared activities you once enjoyed together
When a Cleveland Catastrophic catastrophic Personal Injury Lawyer evaluates your case, we’ll assess how the injury has disrupted these aspects of your family life. Some changes are obvious. Others take time to recognize.
Who Can File These Claims
Ohio law primarily recognizes spousal loss of consortium claims. If your husband or wife suffered a spinal cord injury, traumatic brain damage, or other life-altering harm because of someone else’s negligence, you’ve got standing to file your own separate claim. It’s yours, not just an add-on to theirs.
Children seeking loss of consortium face more restrictions under Ohio law. While some states allow children to pursue these claims for parental injuries, Ohio courts have historically limited this right. That said, parents can sometimes file loss of consortium claims when their minor children are catastrophically injured. The law in this area continues to develop.
Working with Mishkind Kulwicki Law Co., L.P.A. matters because we stay current on case law. We understand how to position family claims for the best possible outcome, and we know which arguments courts are actually receptive to right now.
How These Claims Work In Practice
Your loss of consortium claim runs parallel to your spouse’s injury case. Both claims typically name the same defendant. Compensation often comes from the same insurance policy or settlement fund. Documentation matters significantly. Your spouse’s medical records prove their physical injuries, but your claim requires different evidence. What helps? Therapy records showing you’ve sought counseling. Testimony from friends and family about observed changes in your relationship. Your own journal entries or statements describing the impact. Expert testimony from counselors or therapists who’ve worked with you both. A Cleveland Catastrophic Personal Injury Lawyer will help you gather this evidence without forcing you to share every intimate detail of your marriage publicly. We get it. These are sensitive matters, and we work to present your claim with dignity while still making it compelling.
Common Challenges
Insurance companies often minimize loss of consortium claims. They’ll treat them as secondary to the injured person’s case, almost like an afterthought. They’ll argue that your damages are speculative or that you’re double-recovering for losses already included in your spouse’s claim.
Neither argument holds up legally, but you need strong representation to counter them effectively. Adjusters bank on people not understanding their rights. Timing also matters. Ohio’s statute of limitations applies to loss of consortium claims just as it does to personal injury cases. Wait too long and you’ll lose your right to compensation entirely. Don’t let that happen.
We understand how difficult it is to discuss these personal matters with strangers. Our team handles these conversations with the respect and sensitivity your situation deserves. Reach out to discuss your family’s situation and learn what legal options you have. Your relationship losses are real, and the law provides a way to address them.
