If you suffer injuries in Wisconsin due to someone else’s negligence, your spouse may be able to file a loss of consortium claim. A loss of consortium claim allows your spouse to seek compensation for how your injuries have affected your relationship, including the loss of companionship, affection, support, and intimacy you once shared. This claim recognizes that an injury harms not only you but also your marriage and your spouse’s quality of life.
At Pemberton Personal Injury, we’ve seen firsthand how serious injuries affect entire families. With over 20 years of experience representing injured Wisconsinites from our offices in Madison, Baraboo, and Eau Claire, our team understands that the full scope of damages extends beyond medical bills and lost wages. Our Wisconsin personal injury lawyers recognize your spouse may have taken on new caregiving responsibilities, experienced emotional distress, or lost the relationship they once had with you.
What Is Loss of Consortium?
Loss of consortium refers to the deprivation of the benefits of a family relationship because of injuries caused by another party. In a marital context, it includes the loss of companionship, emotional support, love, affection, and sexual relations. Wisconsin law recognizes these losses as legitimate damages when someone’s negligence causes serious injuries to your spouse.
The claim acknowledges your spouse as a victim of the accident, too. While you deal with physical recovery, your spouse faces their own losses. They might struggle with new household responsibilities, financial burdens, or emotional strain from watching you suffer.
When Can Your Spouse File This Claim?
Your spouse can pursue a loss of consortium claim when you suffer injuries in accidents such as car accidents, truck collisions, motorcycle crashes, or slip and fall incidents. The injury must significantly impact your relationship. Courts look at whether the injury has caused a substantial and lasting change in your marriage.
For example, if you sustained a spinal cord injury in a car accident and now require constant care, your spouse has lost not just your physical presence but also the partnership and shared activities you once enjoyed. If you suffered a traumatic brain injury that changed your personality or cognitive abilities, your spouse may have lost the emotional connection that defined your marriage.
What Damages Can Your Spouse Recover?
Your spouse can seek compensation for several types of losses after you’ve been hurt in an accident. These include the following:
- Loss of companionship and emotional support
- Loss of household services and assistance
- Loss of sexual relations
- Emotional distress of watching you suffer and adjust to your injuries
Understanding Wisconsin’s Legal Requirements
Wisconsin Statute 893.54 establishes the time limit for filing personal injury claims. Typically, a lawsuit must be filed within three years from the date of the injury, and this same three-year period generally applies to a spouse’s loss of consortium claim. However, there are important exceptions and nuances that can affect the applicable deadline.
Starting the legal process early protects your rights and gives your attorney time to build a strong case. The insurance company will investigate your claims, and having legal representation from the start helps ensure they treat both claims fairly.
Pursuing Both Claims Together
In most cases, your personal injury claim and your spouse’s loss of consortium claim proceed together as part of the same lawsuit. This approach makes sense because both claims arise from the same accident and involve overlapping evidence. Combining the claims also prevents complications with legal deadlines and ensures consistent presentation to the insurance company or court.
Your attorney will work to maximize recovery for both claims. While your claim focuses on medical expenses, lost wages, and your pain and suffering, your spouse’s claim addresses the separate harm to your relationship and their individual losses.
Get Help With Recovering Compensation at Pemberton Personal Injury
If you’ve suffered a serious injury and your spouse has experienced losses because of it, you deserve compensation for all the harm the accident caused. At Pemberton Personal Injury, we understand how devastating injuries affect entire families, not just the injured person. Our team has helped Wisconsin families recover compensation for personal injury and loss-of-consortium claims.
Don’t face the insurance companies alone. Contact us for a free case evaluation to discuss your situation and learn how we can help you and your spouse pursue the full compensation you deserve.
