Loss of consortium is a claim for damages brought by the spouse of a person who has been injured or killed due to the tortious acts of another person. Its legal basis is that, due to the defendant’s actions, the injured or deceased person can no longer provide the same love, companionship, affection, and other benefits that they provided before the injury or death. Consequently, their spouse demands compensation for those losses, which typically fall into one of two categories:
Loss of Services
Loss of services is for the value of the work the injured or deceased person normally did around the house and for the family. Its purpose is to compensate the spouse for the extra burden that arises when their loved one can no longer do their share of the work for the house and family.
Loss of Marital Relationship
This category accounts for love, companionship, conjugal benefits, and other important parts of married life that a person can no longer adequately provide to their spouse as a result of their injuries or death.
How are damages calculated?
Oregon does not have any concrete rules that specify the amount of compensation that is owed for loss of consortium. Ultimately, the amount is determined by a court or jury. It is important to remember that because there is no established way to determine how much should be awarded for loss of consortium, verdicts will vary from one case to the next. In Oregon, factors that may be considered when calculating award amounts are:
- The amount and type of housework the spouse typically performed
- How active the spouse was in providing services to the other spouse and for the family
- Whether the spouses were raising children or had other similar family duties or obligations
- How much time the spouses typically spent together and the quality of their relationship
- The effects of the loss of the spouse on the surviving or uninjured spouse
If someone you love has been severely injured due to someone else’s malicious, reckless, or negligent actions, forever impacting their ability to love and/or support you, contact ClarkeGriffin Attorneys today. We will evaluate your case with sensitivity and compassion and work tirelessly to get you the compensation you deserve.
