You can sue someone for hurting your spouse if your spouse is also suing for damages. The law in Pennsylvania and throughout the United States recognizes that when one spouse suffers, you both suffer. The claim is called a loss of consortium claim and the damages are all-inclusive.
For example, the damages can be as small as a loss of home cooked meals, taking out the trash, or other household assistance. It can be as deep and emotional as the loss of sex and physical intimacy. The claim also includes medical bills from treating the injury because one spouse often pays all the bills and carries the insurance.
The loss of consortium claim is taken very seriously by the courts and you should take it seriously if you bring a claim. A spouse often makes a very good witness. People like the spouse more than the injured plaintiff because the the testimony is often emotional, personal, credible, and sympathetic. Please note that only married people get to sue, not boyfriend/girlfriend, common law spouses, or fiancés. You need to be married at the time of the injury to have a valid loss of consortium claim.
In summary the loss of consortium claim is an important part of a couple’s damages and injuries, and can add significantly to the total settlement or jury award. If you or your spouse have been injured in an accident, click the “Request Consultation” button for a free case evaluation.