One common claim in personal injury cases involving married couples is loss of consortium.
Regardless of whether or not the couple normally have a fantastic sex life (no, opposing counsel cannot find that out in discovery), it's a legitimate claim. Legally speaking, loss of consortium refers to intimacy in general -- including care, affection and close companionship.
In a recent personal injury case, Chicago resident Tood R. Bergfors sued Lakes Resort for a serious golf cart injury allegedly suffered as the result of negligent driving by a resort employee. He claims his injuries left him functionally disabled, so his wife is named as his guardian and the lead plaintiff in the suit.
You can read a copy of the complaint (Bergfors v. First Hospitality Group) if you so desire, but here's a summary:
Bergfors hitched a ride on the back of the golf cart, standing where golfers usually stow their clubs, and allegedly fell as a result of negligent driving and suffered a serious brain injury.
His wife sued the resort for $50,000 on one count of negligence and one count of loss of consortium. The complaint reads:
"As a diect and proximate result of the negligent acts and/or omissions of [Defendant], Plaintiff Sherri L. Bergfors suffered a loss of society, services, love, affection and consortium as a result of the injuries to her husband Todd R. Bergfors."
- Loss of consortium, defined (Findlaw)
- Loss of consortium explained (Wikipedia)
- Federal law and loss of consortium (Wall St. Journal Law Blog)
- Search Chicago Injury Attorneys
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