When your spouse suffers a serious injury or passes away, life changes instantly. Grief, confusion, and unanswered questions can leave you feeling lost. You might be asking, How do I cope? What happens to our financial stability? What will life look like now? If someone’s negligence caused your spouse’s injury or death, Kentucky law provides you with legal options to recover compensation. The claim is known as loss of consortium. The claim obviously can’t replace what was taken from you, but it can provide money to help compensate for the love, companionship, and support that’s been taken away.
Our team at McCoy & Sparks, PLLC, is available to discuss your options and provide guidance and support during this difficult time.
What Is the Loss of Consortium?
When your spouse is seriously injured or lost, it affects every part of your life. Beyond financial concerns, there’s a loss that reaches into the heart of your relationship—the companionship, support, and partnership you shared.
Kentucky law recognizes this loss through a claim called loss of consortium. This type of claim seeks to provide compensation for the invaluable aspects of marriage that may be affected, including the loss of:
- Companionship and love,
- Emotional support,
- Physical intimacy, and
- Household help.
While other claims (personal injury or wrongful death) may address financial hardships, a loss of consortium claim speaks to these personal aspects of your relationship. Our attorneys can clarify what a loss of consortium claim involves and how it can support you as you move forward.
Loss of Consortium Claim for Kentucky Spouses
In Kentucky, if you were legally married at the time of the incident, you may be eligible to file a loss of consortium claim. However, if you and your partner were not legally married when the injury or loss occurred, state law currently does not permit filing this type of claim.
A loss of consortium claim allows you to seek support for changes that go beyond finances, such as:
- Activities and shared time—you may find it harder to enjoy the hobbies or pastimes you once shared;
- Becoming a caregiver—you may now take on the role of providing physical and emotional care for your spouse, which can affect your well-being; and
- Changes in connection—physical and emotional closeness may shift, altering the foundation of your relationship.
If these changes affect you, a loss of consortium claim can offer resources to support you through this new reality.
How to Prove a Loss of Consortium Claim
To move forward with such a claim, you must demonstrate how your spouse’s injury or loss has changed your life together. The claim is essentially reserved for instances where your spouse suffers a significant and permanent injury or is killed. The court will look for a few critical pieces of information to understand the impact on your relationship:
- Proof of marriage—you must prove that you were legally married at the time of the incident;
- Evidence of responsibility—you must establish that another party caused your spouse’s injury or loss; and
- Impact on your relationship—you’ll need to describe how the injury or loss has altered your marriage.
To make your case clear, you can provide statements from friends and family, personal notes on how things have changed, and any relevant medical or therapy records.
We’re here to help you gather and present this information, supporting you in telling your story and demonstrating the true impact of your spouse’s injury or loss on your life.
Determining Loss of Consortium Settlement Amounts
Determining a fair value can be challenging when it comes to losing consortium settlement amounts. Unlike claims for financial losses like medical bills or wages, this type of claim involves intangible aspects of your relationship that are harder to put a price on. Juries generally consider several factors in deciding loss of consortium settlement amounts:
- Length of marriage—the duration of your relationship can influence the settlement, as it reflects the depth of your connection;
- Relationship before the injury or death—the court may look at the quality of your relationship before the incident to better understand what has been lost;
- Severity of the injury or loss—the more impactful the change, the greater the consideration in assessing your claim; and
- Effect on your daily life—the settlement amount also depends on how much your life and relationships have changed since the injury or loss.
In some cases, Kentucky juries may consider the financial losses associated with the incident and use a multiplier to estimate the value of non-financial losses. However, in most situations, a judge or jury decides the loss of consortium settlement amounts based upon a consideration of all the factors involved in the loss.
If you’re considering filing a loss of consortium claim, speaking with a seasoned attorney can clarify what your claim might be worth and what aspects might affect it.
How McCoy & Sparks Can Be There for You
When you’re seeking compensation for loss of consortium, dealing with insurance companies or opposing attorneys can feel like an unfair or uphill battle. They will likely minimize what you’ve been through, question the changes in your relationship, offer you far less than what you are entitled to, or dismiss the claim entirely.
At McCoy & Sparks, we’re dedicated to ensuring your needs are understood and respected. Here’s how we can support you:
- Taking time to listen. We want to know the ways this loss has affected your day-to-day life. We’re here to listen and get a sense of what you’re going through.
- Building a complete picture of your case. Our team carefully gathers everything necessary to show how your life has changed. This can include statements from those closest to you and relevant records demonstrating the impact.
- Managing negotiations. We take over communication with insurance companies, working to secure a fair settlement that reflects what you’ve lost.
- Standing up for you in court. If a fair resolution can’t be reached outside of court, we’ll be there to present your case at trial and ensure that your experience is accurately represented.
Kentucky has specific deadlines for filing a loss of consortium claim, so reach out soon to protect your rights.
Contact Us for a Consultation
Whether you’ve lost a spouse due to someone else’s actions or your spouse has suffered a life-changing injury, McCoy & Sparks, PLLC is here to support you. In a free, confidential consultation, we’ll take the time to learn what you’re going through, answer any questions, and walk you through your options. With 70 years of combined experience, our team has a long history of serving families across Central Kentucky with care and respect. We know this is a sensitive time, and we aim to provide you with genuine support and guidance. Contact McCoy & Sparks today for a free consultation.