Missouri allows for a certain type of claim, or lawsuit, called Loss of Consortium.  Essentially, this is the type of claim that a husband or wife brings against the negligent party when their spouse is severely injured.  For example, if a husband is rendered a quadriplegic because he was hit by a semi truck, he obviously has a claim against the them for the injuries he has suffered.  However, if the injured man is married, the wife also has a case, or a lawsuit, against the truck driver for the injures caused to her husband.

The rationale behind these cases is that a marriage is sacred.   There are many things that go into a relationship that make a marriage.  Thus, when one spouse has been so severely injured that it changes the whole dynamic, this is essentially a separate injury tothe other spouse. 

So what types of things are considered in a Loss of Consortium claim?  Generally, the law says that we look at what is known as loss of support, comfort, companionship, and services.  This can incorporate a number of different things.  For instance, if one spouse stays at home and was financially dependent on the other spouse, part of their claim could be for the loss of that income.  Additionally, part of their claim can be for the loss of the comfort and support that they would generally receive from their spouse.  Also, another aspect is the inability  to have sex.  Certainly, the sexual relationship is what takes any relationship out of the realm of friendship and moves it into the romantic realm.  When, this is suddenly taken out of a marriage because of physical disability, it can be very damaging. 

As a St. Louis, Missouri car accident attorney, I can tell you that, practically speaking, most jurors will not award any money for a Loss of Consortium claim unless the physical injury is very devastating.  The reason is that most jurors have a simple beliefthat when we get married, it is for "better or worse".  Thus, they do not freely award compensation for injuries to someone's spouse unless they have been horrendously injured.  However, the claim does exist and should be presented under the right scenario.

Joshua P. Myers is President of Myers Injury Law, LLC.  Based in St. Louis, Missouri, his is a founding partner of Schultz & Myers, LLC, the region's premier personal injury law firm.  Handling cases throughout Missouri and Illinois, the firm accepts only severe personal injury cases with an emphasis on motor vehicle collisions.  All cases are accepted on a contingency fee, meaning that there is no money required up front and the firm's fee will be taken as a percentage of recovery.  If there is no recovery, no fee is owed.  If you would like to discuss a specific case, you can reach Josh Myers toll free at 888-956-2487 or through email at jm@joshmyerslaw.com