For many of us we think of our spouses and about happy times spent together. A husband and wife’s relationship is one of the most important and special relationships which requires effort, patience, and love to survive and grow.

We at Mainor Eglet Cottle often speak with the spouse of an injured victim. Non-injured spouses express concerns about how an injury to his or her spouse has negatively affected the marital relationship. We often hear sentiments like “We used to be active and loved spending time outdoors, but with my wife’s injury we just don’t go out anymore” or “We are not as close as we were before my husband’s injury, he takes so much medication and is always in pain; he just isn’t the same” or “Because of this tragedy, I have been left to care for everything and that has made us both stressed and very unhappy with our marriage.”

Such problems are real and while there is no cure for them, fortunately there is a way to help. Under Nevada law, when one spouse is injured and if, as a result of that injury, the marital relationship suffers, the non-injured spouse can seek compensation for the negative affect on the marital relationship. Such a claim is known as one for loss of consortium.

A true understanding of this claim is necessary to ensure that the non-injured spouse is fully compensated for the effect the injury has had on his or her marriage. Many people (including many attorneys) incorrectly believe that loss of consortium only compensates a non-injured spouse for the diminution of intimate relations caused by an injury. This overly-narrow view on a loss of consortium claim does not allow for the non-injured spouse to fully recover for the effect the injury has had on his or her marriage.

Married couples understand that a successful and meaningful marital relationship includes many aspects - support, comfort, affection, and intimate relations, to name just a few. Thus, a loss of consortium claim allows the non-injured spouse to be compensated for the physical, psychological, and emotional pain that results when the injured spouse can no longer provide the love, affection, care, companionship, comfort, intimacy, service, and protection concomitant with a normal married life. See Groves v. Firebird Raceway, Inc., 1995 U.S. App. LEXIS 28191, 18-19 (9th Cir. 1995).

Nevada first recognized loss of consortium as a legal claim in 1972 in the landmark case General Electric Co. v. Bush, 88 Nev. 360, 367, 498 P.2d 366, 371 (1972).

Although many familial relationships are affected when one person is injured, Nevada law holds that only a married spouse can have a loss of consortium claim; it is not available for other family members. For example, children cannot recover for loss of consortium when a parent is injured. Heidt v. Heidt, 108 Nev. 1009, 1011, 842 P.3d 723, 725 (1992). Also, because a loss of consortium claim seeks compensation for the affect an injury had on a marital relationship, it is dependent on the success of the injured spouse’s claim. Thus, if an injured spouse’s claim fails, the non-injured spouse’s loss of consortium claim likewise fails.

The attorneys at Mainor Eglet Cottle understand that accidents harm more than just the physically injured person. If you or someone you know is injured, we want to help and are committed to seeking justice and appropriate compensation for all persons affected by an injury.