Nevada Loss of Consortium Claims | The Cottle Firm

What Is Loss of Consortium?

By Robert Cottle Posted On November 15, 2024 Personal Injury No Comments

When someone is injured due to another’s negligence, such as in a car accident or slip-and-fall, they have the right to seek damages in a personal injury claim. These damages typically include both economic and non-economic losses related to the injury, such as medical bills, lost wages, and pain and suffering. Some personal injury cases may also involve damages for loss of consortium, which allows the victim’s spouse or domestic partner to seek compensation for the companionship and support they lost due to their loved one’s injury.

Loss of consortium damages are intended to address the emotional and relationship issues that may arise due to an injury. Although these damages are non-economic, they acknowledge the value of companionship and marital or partnership bonds.

If you or a loved one has recently suffered an injury caused by negligence and your relationship has been affected, you may qualify for loss of consortium damages. At the Cottle Firm, our Las Vegas personal injury lawyers help our clients seek compensation for all damages related to their injuries, including loss of consortium. Call us today at 702-722-6111 to discuss your loss of consortium case in a free consultation.

Loss of Consortium in Nevada Personal Injury and Wrongful Death Claims

In Nevada, loss of consortium is recognized as a valid claim in personal injury and wrongful death cases. In personal injury cases, it is a derivative claim, meaning that it may only be filed if the injured spouse files a successful primary personal injury claim. In cases of wrongful death, the victim’s surviving spouse may seek loss of consortium damages as part of the main wrongful death claim.

Loss of consortium claims in Nevada are limited to spouses and registered domestic partners. This ensures that those in committed relationships are recognized and protected under the law. The claim addresses non-economic damages, focusing on the loss of companionship, emotional support, and intimacy resulting from the injury.

Elements of Consortium

Under Nevada law, the concept of consortium includes several key elements:

Companionship: The emotional connection and shared experiences that partners cultivate over time.

Affection: The physical and emotional expressions of love that are fundamental to a romantic relationship.

Sexual relations: The intimacy that partners share, which could be affected by an injury.

Emotional support: The psychological support partners provide each other during difficult times.
Shared household responsibilities: The division of tasks and duties within a household, which may become unbalanced due to an injury.

If any of these elements are affected by an injury, the injured party’s partner may have grounds for a loss of consortium claim.

Examples of Losses

Specific examples of losses suffered by the uninjured spouse may include:

Loss of shared activities: Couples often engage in shared hobbies or social events that may no longer be possible due to the injury.

Changes in caregiving: The injured spouse may require assistance with daily activities, shifting the caregiving balance in the relationship.

Deterioration of emotional connection: The strain of coping with an injury can lead to emotional distance or resentment between partners, further complicating the relationship.

Requirements for Proving Loss of Consortium

The uninjured spouse bears the burden of proof for a loss of consortium claim in Nevada. This means they must demonstrate the extent of their losses and how the injury has affected their relationship. This can be challenging, as emotional damages are inherently subjective and can be difficult to quantify.

Key Types of Evidence

Proving a loss of consortium claim typically involves several key types of evidence:

Medical Records: Medical documentation can help establish the severity of the primary injury and provide context for the claim.

Personal Testimony: Testimonies from both spouses regarding their relationship before and after the injury are key in a loss of consortium claim. This personal perspective can help illustrate the emotional toll of the injury.

Statements from Others: Testimony from family members, friends, or professionals (such as counselors) can provide additional support for the claim and show changes in the relationship dynamic.

Challenges in Proving Non-Economic Damages

One of the primary challenges in pursuing a loss of consortium claim is the subjective nature of emotional and relational loss. Unlike economic damages which can be quantified through receipts and bills, proving emotional harm requires persuasive narratives and emotional appeals. Courts often rely on the testimony and documentation provided to determine the validity and extent of the claim. An experienced personal injury attorney can help you prove loss of consortium and other non-economic damages related to an injury.

Implications of Filing a Loss of Consortium Claim

Filing a loss of consortium claim has significant implications for the uninjured spouse and their family. It’s important to understand these implications before taking legal action.

Emotional and Financial Toll

Filing a loss of consortium claim can bring to light the emotional and financial burdens suffered by the uninjured spouse. The strain of caregiving, combined with emotional distress over the partner’s injury, can lead to anxiety and depression. In addition, financial challenges may arise as the couple grapples with medical bills and lost income from the injured partner.

Psychological Consequences

Personal injuries can result in psychological consequences for both the injured party and their family members. Feelings of isolation, hopelessness, and frustration may arise as they help their partner get through their recovery while dealing with their own emotional turmoil. Long-term mental health issues, such as PTSD or chronic anxiety, can further complicate the healing process for everyone involved.

Reimbursement Possibilities

The damages awarded in a successful loss of consortium claim can help address some of these financial and emotional burdens. Compensation may cover therapy costs, counseling, or adjustments needed in the home to accommodate the injured partner’s needs. While financial compensation cannot fully restore what was lost, it can provide support as couples work to adapt to their new reality.

Legal Rights of Domestic Partners in Nevada

Nevada has an inclusive stance toward domestic partnerships. Domestic partners are afforded the same legal rights as married couples regarding loss of consortium claims. The state recognizes that the emotional and relational aspects of an injury are not exclusive to traditional marriage, as they affect all types of committed relationships.

According to the Nevada Domestic Partnership Act (NRS 122A), domestic partners have very similar rights and responsibilities as married couples. The only exception is that employers are not legally required to provide healthcare coverage to a domestic partner under an employer-sponsored healthcare plan. This means that if one domestic partner is injured and the other suffers losses related to the injury, they have the right to file a loss of consortium claim.

The Discovery Process in Loss of Consortium Claims

Once you have filed a personal injury claim and the defendant has responded, the discovery process begins. During this phase, both sides can gather information and documents to prove their side of the story. Each side typically has four discovery tools to use during this process — depositions, interrogatories, requests for production, requests for physical and/or mental examinations of persons, and requests for admissions.

Interrogatories

Interrogatories are detailed, written questions sent by one party to the other, with the intention of clarifying the extent of the emotional and relational losses suffered by the uninjured spouse. Interrogatories may inquire about the nature of the couple’s relationship before the injury, specific examples of loss of companionship and intimacy, and the ways the injury altered the relationship. Both spouses may respond to these questions.

Depositions

Depositions are formal, recorded interviews conducted under oath, where the attorneys question witnesses and other parties involved in the case. Depositions allow for in-depth questioning. They can provide a clearer picture of the events and the impact of the injuries.

In loss of consortium claims, both spouses, family members, and other parties may be questioned regarding the relationship changes since the injury. The uninjured spouse may be asked to describe how they perceive the loss of affection, companionship, and support. Depositions of close family members may also be used to corroborate the uninjured spouse’s account and add credibility to the claim.

The defendant’s attorney will also question these parties and attempt to create doubt about the validity of the claim. This is why those seeking damages for loss of consortium should hire an attorney with experience in similar cases.

Requests for Production

Requests for production in loss of consortium cases often include documentation related to the relationship’s pre- and post-injury quality. This may involve photos, written correspondence, counseling records, or other documents that reflect the closeness of the couple before the injury. Medical records related to the uninjured spouse’s health may also be requested to illustrate any emotional distress stemming from the injury’s effect on the relationship.

Requests for Admissions

A request for admission asks the other party to confirm or deny specific facts related to the loss of consortium claim. These may include admissions about pre-injury family dynamics, the ways the injury limits physical or emotional intimacy, and acknowledgments about the ongoing impacts on the couple’s relationship.

Requests for Examinations

In loss of consortium cases, a physical or mental examination may be requested to assess both the injured party’s condition and the uninjured spouse’s mental health if they claim emotional distress from the relational loss. The examination is performed by a neutral professional to objectively assess the severity of the injuries and their psychological or physical effects on the uninjured spouse. Such assessments can validate claims that the uninjured spouse has suffered emotional or psychological harm due to their partner’s injury.

Filing a Loss of Consortium Claim in Nevada

Filing a loss of consortium claim involves specific legal steps that allow the uninjured spouse to seek compensation for the non-economic damages resulting from their partner’s injury. You must file your claim within Nevada’s two-year statute of limitations, as outlined in NRS 11.190.

Eligibility and Standing to File

A loss of consortium claim may be filed by the uninjured spouse or domestic partner of the injured party. The uninjured partner must prove that they had a legitimate, committed relationship with the injured party and that the injury has directly affected their ability to maintain the same level of companionship, intimacy, and emotional support.

Filing the Claim Alongside a Primary Personal Injury Claim

A loss of consortium claim is usually filed as part of the primary personal injury lawsuit rather than as a standalone claim. If the primary personal injury lawsuit is resolved through settlement or court judgment, the loss of consortium claim is considered within that resolution. However, damages for loss of consortium compensate the uninjured spouse directly, separate from the injured spouse’s compensation.

Establishing Grounds for the Claim

To file a claim, the uninjured spouse must establish specific grounds for their losses. This includes showing that their injury has significantly disrupted their relationship. For example, if the injured spouse is unable to perform daily tasks, provide emotional support, or maintain a physical relationship due to the injury, these aspects can be used to form the basis of the loss of consortium claim.

Proving Damages

Proving loss of consortium damages is complex because the claim is based on non-economic losses without a direct monetary value. Nevada courts recognize the intangible nature of these damages, but the uninjured spouse must provide substantial evidence. This may include testimonies from family members, friends, or even therapists who can attest to the impact of the injury on the relationship.

Financial compensation for loss of consortium is determined based on the severity of the relationship’s disruption and the depth of emotional suffering experienced by the uninjured spouse. Courts consider several factors, including the duration of the marriage, the closeness of the relationship, and the extent of the loss of companionship or intimacy.

The Importance of Legal Representation

Filing a loss of consortium case alongside a personal injury lawsuit is legally complex. Those considering taking such legal action should discuss their case with an experienced Nevada personal injury lawyer. An attorney can help gather evidence and present a compelling case for why the uninjured spouse deserves financial compensation for their suffering.

Discuss Your Loss of Consortium Claim with a Nevada Personal Injury Lawyer

Has your relationship with your spouse or domestic partner suffered due to a recent personal injury? You may qualify for loss of consortium damages. At the Cottle Firm, our dedicated Nevada personal injury lawyers have experience helping the partners of personal injury victims recover compensation for the injury’s impact on their relationship. Contact us today at 702-722-6111 to learn more about filing a loss of consortium claim in Nevada.