When a personal injury occurs, the victim is not the only one who suffers needlessly. The loved ones of the victims may also suffer due to the dramatic shift in their daily lives. The damages that the family sustains is known as “loss of consortium”. If loss of consortium occurs due to the negligence of the another, the family members who suffer can bring a claim.
Examples of Loss of Consortium in Louisiana
The ability to bring a loss of consortium claim is codified by the Louisiana legislature in Louisiana Civil Code Article 2315(B):
- “Art. 2315. Liability for acts causing damages
- (A) Every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it.
- (B) Damages may include loss of consortium, service, and society, and shall be recoverable by the same respective categories of persons who would have had a cause of action for wrongful death of an injured person.”
Louisiana courts have routinely found the following to be examples of loss of consortium:
- Emotional Support/Guidance: Some examples can include a parent suffering a brain injury who can longer provide advice or discipline that their child depended on them for.
- Financial Support: A spouse who might have depended on their loved one can claim loss of consortium if the victim becomes disabled and can longer contribute to household income.
- Household Contribution: Similar to lack of household income, there also is the day-to-day impact on household support. Cooking, cleaning, paying bills, assisting with children all may fall on one partner’s shoulders.
- Intimacy: This is most often seen loss of consortium claims. The inability to have affection, sexual relations, and comfort in their spouse can occur due to the accident.
- Companionship: Similar to intimacy, this involves couples loss of enjoying daily actions expected of couples – watching TV, taking walks, going on family outings.
- Relationship Strain: When the accident is so severe that it leads to long-term diminished relationship leading to lack of trust or even divorce.
Standing to Bring a Claim for Loss of Consortium in Louisiana
Standing refers to the ability to bring a claim under the legal system. For loss of consortium, Louisiana Civil Code Article 2315(B) lists standing as those “who would have had a cause of action for wrongful death of an injured person.” The persons who can bring a wrongful death claim are listed under Louisiana Civil Code Article 2315.2:
- “Art. 2315.2. Wrongful death action
- A. If a person dies due to the fault of another, suit may be brought by the following persons to recover damages which they sustained as a result of the death:
- (1) The surviving spouse and child or children of the deceased, or either the spouse or the child or children.
- (2) The surviving father and mother of the deceased, or either of them if he left no spouse or child surviving.
- (3) The surviving brothers and sisters of the deceased, or any of them, if he left no spouse, child, or parent surviving.
- (4) The surviving grandfathers and grandmothers of the deceased, or any of them, if he left no spouse, child, parent, or sibling surviving.
- B. The right of action granted by this Article prescribes one year from the death of the deceased.
- C. The right of action granted under this Article is heritable, but the inheritance of it neither interrupts nor prolongs the prescriptive period defined in this Article.”
- A. If a person dies due to the fault of another, suit may be brought by the following persons to recover damages which they sustained as a result of the death:
In plain English, the parties who can bring a loss of consortium claim are:
- The surviving spouse and children
- The surviving parents
- The surviving siblings
- The surviving grandparents.
This framework allows for a specific order of priority and has definitions for other types of family members (e.g., stepsiblings, etc.).
Statute of Limitations for Loss of Consortium Claims in Louisiana
Louisiana uses the term “prescriptive period” for what other states will call “statute of limitations”. A prescriptive period is the amount of time that a victim has to file a lawsuit before their legal rights expire. The prescriptive period for a loss of consortium claim is codified in Louisiana Civil Code Article 3493.1:
- “Delictual actions are subject to a liberative prescription of two years. This prescription commences to run from the day that injury or damage is sustained. It does not run against minors or interdicts in actions involving permanent disability and brought pursuant to the Louisiana Products Liability Act or state law governing product liability actions in effect at the time of the injury or damage.”
Under this law, the time period to file a loss of consortium claim is two years after the injury. Notably, this is a newly passed act that applies to actions that occurred after July 1, 2024. For any actions before that, the statute of limitations is one year.
Contact Chris Corzo Injury Attorneys Today
If your loved one’s injury has deeply impacted your family life, you may have legal grounds to file a loss of consortium claim. At Chris Corzo Injury Attorneys, our Baton Rouge personal injury lawyers understand how emotionally and financially devastating these situations can be.
Whether your claim involves loss of companionship, financial support, or emotional connection, our experienced Louisiana legal team is here to guide you through every step. Let us help you pursue the justice and compensation your family deserves.
Call us at (225) 999-1111 or fill out our online contact form to schedule your free consultation today.