Does your spouse have a “loss of consortium and/or sexual activity claim” due to a car accident?
Loss of consortium is the claim attorney’s use to seek compensation for the loss of companionship, advice, and sexual activity. The interesting thing is that his claim is not made by the injured party but by the spouse or child(ren) of the injured party.
The legal relationship must be present. The spouse must be legally married. Most states are not recognizing common unions, however there is been a huge push by legislators to change this. We will see if there is a change within the next six months.
This claim is pretty hard to argue and document. Can you imagine answer to the adjuster (in a deposition or a recoded statement) what sexual positions you are no longer able to do. Defense attorneys are specially good a this as they would ask to the specific detail what the spouse is not able to do.
Since this could be (if it is not for advice or companionship alone) a completely sexual claim. If that is the case, then the private life of a marriage will be open book and it will become public record in the court docket.
