7 - 2025 | Jackson & Foster

Suppose you’re in an accident that leaves you hurt, and you speak to a personal injury lawyer in Mobile, AL, about pursuing compensation. They mention the potential damages available, including a loss of consortium claim. What is loss of consortium, and is it worth exploring in your case?

Learn more below about a victim’s rights and responsibilities in this situation. For personalized guidance, reach out to Jackson & Foster Law. Every case should be evaluated on its own facts.

Defining Loss of Consortium

Loss of consortium is a legal term referring to the loss of emotional and/or physical companionship, affection, and support due to death or injury. One could claim spousal relationship damages if an accident makes their partner unable to provide the intimacy or deep love they offered before. Damages may be awarded to those who experience the following in the wake of an accident:

Loss of sexual relations: If someone is unable to engage in intimate relations due to an accident, loss of consortium damages may be available.
Loss of companionship: Romantic partners may suddenly miss out on opportunities for date nights or other shared moments together due to someone else’s negligence.
Loss of services: Damages may apply if death or injury prevents a spouse from performing various household duties, such as essential chores or childcare.
Loss of support: If the injured or deceased party is the primary provider of a household, this may also impact their partner.

Some injuries have a long-lasting impact on marital relations. If you find yourself in this situation, it might be time to explore your legal options. Compensatory damages could be available, depending on your unique circumstances.

Speak to a personal injury lawyer about your circumstances and whether you’re able to seek these damages.

Filing a Loss of Consortium Claim After a Personal Injury or Wrongful Death

What is loss of consortium, and who is able to claim it in a lawsuit?

Personal Injury Cases

Perhaps someone survives an accident, but their injuries prevent them from maintaining a loving relationship with their spouse. For example, imagine someone experiences a traumatic brain injury and spinal cord damage due to a tractor-trailer crash. The accident leaves them paralyzed and with severe mental deficits, which keeps them from engaging in an intimate, affectionate relationship with their partner.

In cases like this, the non-injured partner could advocate for spousal relationship damages. These may be in addition to other economic and non-economic damages in a personal injury claim.

Understanding the Filing Process in Alabama

Now that you have a clearer understanding of what loss of consortium entails, you might wonder who can claim such damages. The answer will vary based on where you live.

Some states allow a victim’s children, siblings, or other relatives to seek compensation in such cases. Others, including Alabama, may only grant the opportunity to non-injured or surviving spouses. If you wish to file a claim against a negligent party, consult a personal injury lawyer to discuss your case and the potential next steps.

After learning the answer to “What is loss of consortium?” eligible parties may wonder when they can file a claim. Claims must be filed within Alabama’s statutory deadline, which is typically two years from the date of injury or death.

Key Criteria That Support Loss of Consortium Claims

To receive damages for emotional companionship loss, claimants have to prove four essential components:

Duty of Care: A third party has a responsibility to act in a way that keeps others safe from harm. A duty of care for motorists may be to be aware of others on the road, while healthcare providers may have the duty to care for patients.
Breach of Duty: An individual’s actions, such as driving while intoxicated, can constitute a breach of their duty of care.
Causation: Personal injury and wrongful death claims aim to prove that a party’s breach of duty directly caused the victim’s injuries.
Damages: Ultimately, claimants must clearly outline quantifiable losses. This includes economic and non-economic losses.

Review Your Options With the Help of Jackson & Foster Law

At Jackson & Foster Law, clients come to us with a wide range of questions, from “What is loss of consortium?” to “How much could I expect in a car accident settlement?” Our team is pleased to offer personalized legal advice and recommend a tailored strategy based on your unique circumstances.

Reach out to us today to learn more about our services. To schedule a consultation, contact our Mobile-based firm at 251-433-6699.

If you sustained injuries in a car accident caused by a drunk driver, consider speaking to a DUI attorney in Mobile, AL. Given the physical and emotional harm that impaired motorists can cause to those involved in a crash, is it possible to sue a drunk driver to seek justice?

Learn about your options as a crash survivor and what to expect if you decide to take legal action. Below, our legal team at Jackson & Foster Law explains what you need to know about civil DUI lawsuits involving personal injuries.

How Drunk Driving Accidents Impact a Victim’s Physical and Emotional Well-Being

Drunk driving accidents can be fatal and may prompt a victim’s loved ones to file a wrongful death suit. Collisions that don’t end in death may leave motorists, cyclists, or pedestrians with severe injuries, such as:

Broken bones
Lacerations
Whiplash
Spinal cord damage
Traumatic brain injuries
Internal bleeding

Depending on the extent of the injury, victims could end up with a permanent disability or face a lengthy recovery period. The accident could leave them unable to work, creating financial hardships for the household. The aftermath of a serious injury also affects one’s mental state and emotional well-being.

Accident victims may experience symptoms of post-traumatic stress disorder after an accident. In addition to all other potential outcomes, vehicles involved in the crash could face expensive repairs or be totaled. Taking legal action could help victims receive compensation for their injuries and hardships, though outcomes vary.

Offenders May Face Criminal and Civil Court Proceedings

Motorists who drive while under the influence don’t have to be involved in a crash to face consequences. Police officers can stop drivers they suspect of being impaired, arrest them, and charge them with the crime. The case will proceed to criminal court, where a jury will decide the verdict. This is not the type of matter our firm handles.

In Alabama, DUI penalties for convicted motorists vary based on their history and the severity of the offense. Potential penalties include:

License suspension
Probation
Court-ordered community service or drug and alcohol education programs
Mandated use of an ignition interlock device
Imprisonment

In addition to criminal proceedings, offenders could become the target of a personal injury claim in civil court. Victims may be able to sue a drunk driver for economic, non-economic, or punitive damages for their role in an accident.

Consider Filing a Personal Injury Claim Against the Drunk Driver’s Insurance Provider

Did a drunk driving accident leave you with extensive vehicle damage, physical injuries, and mental anguish? These hardships stem from someone else’s negligence on the road. Consider holding them accountable by filing a personal injury claim against their insurance company.

With the help of an attorney, you can gather evidence supporting your claim and calculate your losses. The insurance company may offer a settlement, but if your lawyer doesn’t believe it fairly represents said losses, they could negotiate with the insurer.

While many claims are resolved through settlement agreements, if a resolution cannot be reached, litigation may be the next logical step. After you sue a drunk driver, negotiations might continue while both sides prepare to bring the case to trial.

If these efforts remain unsuccessful, a jury will decide the outcome. Representatives for both sides will present their arguments before jurors reach a verdict. In civil trials, the jury also determines the amount of a financial award, if any.

Determining Negligence in Car Accident Cases

Personal injury lawyers look for four crucial elements in these cases:

Duty of Care: One party has a responsibility to keep others safe by behaving in a certain way.
Breach of Duty: An individual may either intentionally or unintentionally breach their duty of care, potentially putting others at risk of harm.
Causation: When a breach of duty directly causes an accident or injuries, it raises legal concerns.
Damages: The victim must endure some type of loss, such as a personal injury or property damage.

Drunk driving cases tend to meet all of these criteria. Motorists have the responsibility to drive in a way that keeps themselves and others safe. Driving while intoxicated breaches their duty of care and can result in injuries to others.

In order to sue a drunk driver, you’ll need evidence highlighting these elements including the causation and damages. Police reports, witness statements, and dashcam footage from the crash could provide insight into what caused the accident. You can evaluate the total damages by submitting medical bills, vehicle repair estimates, and documentation of lost wages as evidence.

Can You Sue a Drunk Driver Directly?

When people file personal injury claims or subsequent lawsuits, they’re usually dealing with auto insurers who represent the policyholder. If victims can successfully receive a settlement, the insurance provider often writes the check instead of the negligent party. The lawsuit, however, typically is directly against the adverse driver.

Consult an Experienced DUI Attorney in Southeast Alabama

You may have legal grounds to pursue compensation for your medical care, pain and suffering, and other damages. Not sure where to start? Contact our team at Jackson & Foster Law.

We handle these cases with sensitivity and are committed to advocating for the rights of crash victims. From the first time you meet with us to the time your case reaches the negotiation phase and beyond, we aim to guide clients through the legal process with clarity and compassion. Call 251-433-6699 to schedule a free consultation today.

What Is Loss of Consortium?