Did you know that your spouse has rights to damages in your court case? A cause of action called “loss of consortium” can allow your spouse to “join” your case and become a co-plaintiff to recover money from the defendant responsible for your injury.  If your normal sexual role in your marriage becomes limited by your injury, that’s loss of consortium. Strange but true: the government and justice system believe that a physically loving marriage is important enough to society to deserve protection and, if harmed, compensation.

When do you file? Immediately. If your spouse has proof of loss of consortium in a personal injury suit (usually medical records), raise the issue with your attorney. He or she will include it in the claim you file with the court.

In Indiana, a case for the spouse arises when he or she loses intimate, sexual companionship with an injured spouse, for a provable period of time, or forever. In some states, it also refers to the injured spouse’s new inability to care for, show affection for, or provide normal companionship to the uninjured spouse or their children.

Sometimes, juries don’t like this claim: they figure that it’s the breaks in life, and that intimacy isn’t replaceable with cash. But if you have proof, file.

With the Indiana Legislature’s annually renewed interest in passing a Marriage Amendment to the State Constitution, loss of consortium may become a political hot potato. Indiana only allows people who have been civilly or legally married to sue for this cause; gay couples may not. If gay marriage or civil unions become legal in Indiana, gay couples will gain the ability to become co-plaintiffs in personal injury cases. In the meantime, viewed as a basic civil right (as the State and courts seem to do above), it is one of many legal weapons in the gay marriage supporters’ arsenal.

English Common Law, established in 1189 AD, allowed a husband the right to collect for losing the “services” of his wife. Women had few, if any rights, in marriage. Indiana took its time, but in 1969, in a case called Troue v. Marker, the Indiana Supreme Court came around. Now, a wife may sue for loss of consortium too.

English Common Law created another version of this, sometimes called “filial consortium.” In the Middle Ages, many parents relied on their children to work and earn. The law showed that the child’s income should be replaced to ensure the family’s survival. Modern courts agree and have added to this, considering the comfort that a child provides to its parents, and that the loss of a child’s society is important in a family’s dynamic. A child’s personal injury doesn’t have to be catastrophic for parents to be able to sue; an important problem with a child’s capacity to interact with his or her parents in a normal or usual way is enough.

There are a few limitations on both kinds of consortium charges: generally, if you were negligent or contributed to the cause of your own injuries, your spouse has no loss of consortium suit. This is true in filial consortium cases as well – a child who contributes to his or her own accident is held responsible and the parents cannot join the child’s suit.

Most important of all, no one can collect on a consortium claim after the initial case is decided. Talk to your attorney now!

Please note: this article is not intended as legal advice. Please consult an Indianapolis Personal Injury Attorney before making any major decisions regarding a law suit.

The unthinkable can happen in an instant: another car flies through a red light and smashes into you. Your shaken, your head hurts, and your disoriented. You need an expert in personal injury law. What should you do in the event of an accident to maintain your legal compensation? When should you seek professional legal advice?

In the case of a car accident resulting in any type of injury, it is important to gather key pieces of information to make sure you'll be compensated well in the event you file a claim. Depending on your situation, here are some things to consider after an accident:

Names and addresses of all drivers involved and any eye witnesses. A police report. Whether on private or public property, always call the police as soon as possible after an auto accident. Photographs. Pictures tell the story best. Photograph the scene of the accident and your injuries on a regular basis after the accident, for instance. Diagrams. If you can't explain it to well with words, it may be helpful to draw the scene and events of the accident. Medical expenses and lost wages. The personal injury law professional assigned to your case will definitely need this. Car repair costs and other out of pocket expenses. It is also a good idea to keep good copies for your records. Don't claim fault. Admitting liability may seem like a noble thing to do, but to protect you from unforeseen evidence, it's best to tell the police only the facts and let them make a decision for who's at fault or not.

You should seek medical attention immediately following an accident. Brain injury is a serious condition that may not reveal itself immediately. Make any appointed follow up visits and follow the advice of your medical professional to the letter. Time is of the essence. Injuries sustained from an accident could linger for years to come.