The right of a spouse to the society or services of the other spouse is generally referred to the as the ‘right of consortium’.
A Canadian Court described it as follows:
“the term ‘consortium’ is not susceptible of precise or complete definition, but broadly speaking, companionship, love, affection, comfort, mutual services, sexual intercourse – all belonging to the marriage state – taken together make up what we refer to as consortium”
When can you sue and who can you sue?
The uninjured spouse can sue the individual or entity that through negligence or some other tortious manner, caused serious injury to the injured spouse.
In the catastrophic injury cases that we do here at McMahon Goldrick, if the injured Plaintiff is married, we also issue a claim for the uninjured spouse for loss of consortium.
How much is a loss of consortium case worth?
The popular view is that these cases are worth between €75,000 and €125,000.
Does a loss of consortium claim exist for Civil Partners or children of the injured spouse?
The short answer is no, but it is always possible that the legislature could change this or indeed that courts change it themselves
What should I have when going to Court?
A good rule of thumb is to have a psychiatric report, which outlines the impact on how the consortium has been interfered with by the injuries to the uninjured spouse.
Specialist catastrophic injury solicitors
We at McMahon Goldrick Solicitors specialise in representing individuals and families that have been affected by life-changing brain injuries & spinal cord injuries.
Our commitment to only undertaking catastrophic injury work means that we always have the time to dedicate to proper and meaningful engagement with our clients and their families.
We represent the injured person and their spouse and use our specialist knowledge to obtain the highest level of compensation possible to help the family live a brighter future.
Contact us
If you would like further information on Loss of Consortium cases, please feel to contact us – Ph: 01 6770044 or Email: info@rmcm.ie.
