12 Insurance Surprises To Look Out For After a Car Wreck
Posted in: Car Accidents
KNR Legal Blog
When a loved one is severely injured or killed in an accident, the emotional, relational, and practical consequences can reshape every part of your life. Ohio law recognizes that the harm to a surviving spouse or minor child is not only financial—it can include the loss of companionship, affection, guidance, comfort, and daily support. This non-economic harm is known as loss of consortium.
Loss of consortium acknowledges the profound impact that a permanent disability or wrongful death has on a household. If your spouse or parent will never fully return to the role they had before the incident, or if you must now navigate life without their emotional and functional partnership, you may be entitled to compensation for these losses as part of your injury or wrongful death claim.
If someone you love has suffered a catastrophic injury or passed away because of another’s negligence, the compassionate and highly experienced Ohio personal injury lawyers at Kisling, Nestico & Redick can evaluate whether a loss of consortium claim applies in your situation.
Call 1-800-HURT-NOW for a free and confidential consultation with NR.
Ohio law restricts loss of consortium claims to close family members who experience direct relational harm from an injury or death. The individuals typically eligible include:
Although the loss of a sibling, grandparent, or close friend can be devastating, Ohio law limits consortium claims to spouses and minor children. Additional damages may be available through a wrongful death action—learn more by visiting our guide on wrongful death beneficiaries.
Loss of consortium claims are especially common in Ohio wrongful death and catastrophic injury cases. If your loved one was fatally injured as a result of negligence, you may be able to pursue consortium damages as part of a wrongful death claim involving:
These cases frequently involve sudden and permanent changes to family structure, future expectations, emotional bonds, and financial security—all of which strengthen the basis for a consortium claim. For deadlines related to these cases, see our resource on the wrongful death statute of limitations.
Loss of consortium claims are highly personal and require thorough, sensitive documentation. Because these damages reflect the relational and emotional harm suffered, evidence is primarily focused on demonstrating:
Your attorney may ask detailed questions about your emotional connection, daily family life, the background of your relationship, and the challenges you have faced since the accident. While this can be difficult, it is essential to demonstrate the seriousness of your loss.
Courts and insurers often look at therapist statements, photos, medical documentation, testimony from friends and relatives, and evidence showing how your loved one’s injuries changed your shared life. A skilled attorney ensures the narrative is conveyed respectfully and persuasively.
Unlike economic damages, which have clear dollar amounts, loss of consortium damages are subjective and require nuanced evaluation. Ohio courts and insurers consider multiple factors, including:
Courts may also weigh factors like marital stability, co-parenting history, household dynamics, and documented emotional trauma. In wrongful death cases, consortium damages are often combined with other losses such as funeral expenses, loss of income, and loss of financial support.
If you pursue a loss of consortium claim in Ohio, you may be able to recover damages related to:
Although no financial recovery can replace the emotional and relational loss, these damages provide recognition and support to families coping with dramatic, long-term change.
If your spouse or parent has been wrongfully killed or permanently injured, you may be entitled to loss of consortium damages under Ohio law. Kisling, Nestico & Redick is here to help you understand your rights, evaluate your eligibility, and pursue full compensation with compassion and experience.
Call us today at 1-800-HURT-NOW to schedule a free case evaluation. We are here to support you through every step of your claim.
Loss of consortium refers to the loss of companionship, affection, emotional support, parenting, household services, and marital intimacy caused by a loved one’s severe injury or wrongful death. It is a non-economic damage available to spouses and children under Ohio law.
In Ohio, only spouses and minor children can file a loss of consortium claim. Adult children and extended relatives are generally not eligible, although they may be included in wrongful death claims depending on the circumstances.
There is no formula. Courts consider relationship quality, pre-accident routines, the severity of the injury or disability, expected long-term impact, emotional distress, household changes, and the depth of parental or marital loss. Documentation and testimony are critical.
Yes. Loss of consortium is frequently included in wrongful death cases involving fatal car crashes, fatal truck accidents, motorcycle fatalities, and deadly pedestrian accidents.
You typically have two years to file a wrongful death or related loss of consortium claim in Ohio, though some exceptions apply. You can learn more in our guide to the wrongful death statute of limitations.
Yes. These claims are emotionally sensitive and legally complex. An experienced attorney helps build a strong evidentiary record, protect your rights, and maximize compensation while handling difficult conversations with insurers and opposing counsel.