What Is A Loss Of Consortium Claim In Virginia?

Key Highlights:

• A loss of consortium claim in Virginia relates to the damage an injury to a marriage and family does to that marriage. 
• Virginia law does not permit a spouse to pursue their own separate spouse injury claim when the other spouse is injured but still alive. 
• In wrongful death Virginia cases, Virginia law allows for a family to recover for the loss of companionship and society from the decedent.
• Loss of consortium claim Virginia is the damage that an injury to a marriage does to the marriage: loss of companionship, support, and intimacy. 
• Most states allow the non-injured spouse to file his or her own claim. Virginia is unique, and its laws on loss of consortium are significant to your family’s recovery.

My name is Robert Tatum, and I work as a lawyer in the Tatum & Atkinson Law Firm. We have been handling cases relating to loss of consortium claim Virginia and catastrophic injury claims due to our law firm’s 65 years of cumulative experience. 

Should you need an accident attorney in Virginia for any kind of personal injury claim, such as spouse injury claim damages, relationship damages, and wrongful death Virginia cases, we understand non-economic damages and ensure that you receive all the money you are entitled to as your Virginia personal injury lawyer.

Loss of Consortium Meaning

Loss of Consortium Defined Loss of consortium describes the marital relationship damages in a marriage as a result of a serious injury, and includes: 

• Loss of companionship. 
• Loss of affection.
• Loss of help and assistance around the house.
• Loss of physical intimacy. 
• Changes in the marriage resulting from a long-term injury.

Virginia Approach to Loss of Consortium

Here is where Virginia’s law is unique. Most states allow the uninjured spouse to pursue a spouse injury claim for loss of consortium separately; Virginia does not. If one spouse is injured but still alive, Virginia will provide all of the recovery to the injured spouse while preventing the uninjured spouse from pursuing an independent action for loss of consortium or services under Va. Code § 55.1-201. 

Therefore, there is no separate loss of consortium claim Virginia available in a standard Virginia injury case. The injured spouse gets the total recovery; the family losses are felt but not recovered separately. There is a great deal of misinformation about this on the internet generally.

One Claim Available to Virginia Families

Wrongful Death Virginia When an injury results in the death of a loved one, the equation is different. Virginia’s wrongful death statute allows for the statutory beneficiaries, usually the spouse and children of the decedent, to recover for loss of relationship. Under Va. Code § 8.01-52, juries may award non-economic damages for sorrow, mental anguish, and solace, which includes society, companionship, comfort, guidance, and advice of the decedent.

The 1% Rule and the Underlying Legal Principle

Since these losses rely upon the injured/deceased individual’s claim, the pure contributory negligence of Virginia also affects them: 

When the insurance company finds even 1 percent of the responsibility for the accident lies with the victim, then the entire personal injury claim becomes void, as well as anything related to the family’s loss compensation. There are several types of damages that a valid personal injury claim can cover: 

• medical expenses
• loss of earnings
• reduced earning capacity
• pain and suffering
• permanent catastrophic injury disability.

 In Virginia, there are no limits imposed on these non-economic damages. Generally, there is a two-year statute of limitations to file a personal injury claim in Virginia, Va. Code § 8.01-243.

Proving Non-Economic Losses

Non-economic damages are difficult to prove simply because no invoice shows them. To prove the losses that a family had in case of a wrongful death Virginia lawsuit, one will need to provide documented evidence: medical documents about the injury itself, testimony about the family’s life before and after the accident, expert testimonies, and other proof of changes in routine.

Serious Injury or Loss in Your Family? Consult Tatum & Atkinson Law Firm

With a serious catastrophic injury or loss in your family, the last thing you need to deal with is the legal issues involved, and Virginia’s laws on this issue are notoriously tricky. You don’t have to figure it out yourself. 

Tatum & Atkinson handles personal injury claims and wrongful death Virginia claims throughout Virginia from offices in Cedar Bluff, where we represent clients in southwest Virginia. The firm’s Virginia matters are handled by Jon Ward, a Virginia personal injury lawyer licensed in Virginia. The Heavy Hitters explain clearly what Virginia’s laws permit and do not permit, and build the claim to match your losses. 

Call us toll-free at (800) 529-0804 for a free consultation. We handle all of our cases on contingency; there is no charge unless we win for you.

Frequently Asked Questions!

I have been injured badly. Is there a claim for my spouse?

No, generally. Virginia does not allow a spouse injury claim for the losses caused to him/her and the marriage from the personal injury claim accident in question while the spouse remains alive. The best way is to ensure that the underlying injury claim is well-handled.

Can the losses caused by the disruption of the family relations be recovered?

No, not in the case of a personal injury claim. In Virginia, when the injured person lives, there is no opportunity to recover marital relationship damages suffered as a consequence of the personal injury in the case of family members, such as children or parents. It changes in the case of a wrongful death Virginia. In case the family member dies as a result of someone else’s negligence, then the statutory beneficiaries will come forward.

But how do you put a price on that when there is no bill?

By evidence and judgment, not calculation. When valuing the non-economic damages of loss of companionship in a wrongful death Virginia suit, there is no formula; the jury will hear testimony from those who knew the relationship and decide what is fair and just. 

Is the injured spouse’s recovery compensation enough for the family’s losses?

To some extent, but indirectly. Because Virginia channels all recovery to the injured person’s personal injury claim, the injured person’s recovery should encompass the entire scope of the catastrophic injury; that includes the loss to the family of support services and the cost of care. It does not compensate the uninjured spouse and children for their marital relationship damages, loss of relationship.

What is the charge for consulting with a lawyer on this?

Nothing to start with. Because these cases are handled on contingency, there is no charge unless there is recovery, and there is no charge for the initial consultation. A short chat with a accident attorney Virginia will clear up whether you are looking at a personal injury claim or a wrongful death Virginia claim; and help you avoid missing the statute of limitations.

About the Author

Robert Tatum

Robert Tatum is the founding attorney at Tatum & Atkinson. He is licensed to practice in all North Carolina state and federal courts and before the U.S. Supreme Court. He earned his J.D. from the University of North Carolina School of Law in 2002 and his B.S. from the University of Virginia in 1999. His practice focuses on personal injury law. Connect with him on LinkedIn.