When someone is hurt in an accident, the damage goes far beyond broken bones or hospital bills. The pain can ripple through their entire family. Spouses, children, and loved ones may feel like they’ve lost part of the relationship they once had.
In Kentucky, this kind of harm is known as loss of consortium. If your loved one was seriously injured or even killed because of someone else’s carelessness, you may be able to file a loss of consortium claim. This article explains what that means, who can file, and how it works under Kentucky law.
What Is Loss of Consortium?
Loss of consortium is a legal term. It refers to the loss of love, affection, companionship, and other emotional benefits of a close relationship due to an injury.
Imagine your spouse is in a car accident caused by a drunk driver. After the crash, they can’t walk, talk, or show affection the way they used to. They may be in constant pain, or emotionally withdrawn.
You may feel like the person you married is no longer the same. That loss—emotional and relational—is what a loss of consortium claim is about. This type of claim is not for the injured person. It’s for the spouse, child, or family member who suffers because of the change in the relationship.
Who Can File a Loss of Consortium Claim in Kentucky?
Kentucky law allows certain people to file for loss of consortium, depending on their relationship with the injured person.
Spouses
Married partners are most commonly allowed to file. If your spouse is hurt because of someone else’s actions, and your relationship suffers, you may have a valid claim. Kentucky recognizes that spouses share a unique bond, including physical affection, emotional support, and daily companionship.
Children and Parents
In 2012, Kentucky updated its laws to allow minor children to file for loss of consortium when a parent is severely injured or killed. This recognizes the deep bond between parents and children. The reverse—parents filing for loss of consortium when a child is injured—is generally not allowed, unless the child has died.
At this time, Kentucky does not allow unmarried partners or close friends to file this kind of claim, even if their relationship is strong.
What Can Be Recovered?
Loss of consortium claims are meant to compensate the surviving or affected family member for emotional and relational damages. This does not include medical bills or lost wages; those are part of the injured person’s personal injury case.
In a loss of consortium case, compensation may be awarded for:
- Loss of love and affection
- Loss of comfort and companionship
- Loss of moral support
- Loss of help with household duties
- Loss of intimacy and sexual relations (for spouses)
These losses are hard to measure in dollars. There’s no receipt for missing a hug from your spouse or your parent no longer being able to read you a bedtime story. That’s why these claims can be complex. The courts try to come up with a fair dollar amount that reflects the deep personal loss.
How Do You Prove Loss of Consortium?
Loss of consortium claims require proof that the relationship was harmed.
That means you need to show:
- A strong, loving relationship existed before the injury.
- The injury caused a real, ongoing change in that relationship.
- The loss was due to someone else’s negligence (carelessness) or wrongdoing.
Evidence might include medical records, personal statements, therapy notes, and even testimony from friends and family. The court wants to see how life has changed for the surviving family member. This could be anything from not being able to hold hands to the emotional distance that has grown between two people who used to be close.
When Can You File a Claim?
Under Kentucky law, most personal injury claims must be filed within one year of the injury. This includes loss of consortium claims. That’s why it’s important to speak with an attorney as soon as possible.
In wrongful death cases, the timeline may be slightly different, but the sooner you act, the better your chances of gathering strong evidence and getting full compensation. Waiting too long can mean losing your right to seek damages. Even if you’re not sure you have a case, it’s wise to talk to a lawyer who knows Kentucky personal injury law.
Contact Ross Mann Personal Injury Lawyers for a Free Consultation
When someone is injured due to another person’s actions, the effects can reach far beyond the physical damage. The loss of emotional support, love, and shared life experiences is real, and in Kentucky, it’s recognized by the law.
If you or a loved one has suffered a change in your relationship because of a serious accident, a loss of consortium claim may offer a path to justice and healing. The best way to know if you have a valid claim is to speak with a personal injury attorney in Kentucky. Contact Ross Mann Personal Injury Lawyers today at (859) 413-3900 for a free consultation.
