In a personal injury or wrongful death case, the injured person’s spouse may be able to get compensation for their own losses. Loss of consortium is the diminishment of a relationship with a spouse, including the loss of assistance with household chores, sexual relations, comfort, and companionship. When someone dies or becomes seriously injured, their spouse suffers as well. Berman & Simmons can help you get the payment you need and deserve if your spouse was a victim of personal injury or wrongful death.
If a person or organization hurts your spouse, we’ll be there to help you
A loss of consortium claim can be part of any type of personal injury or wrongful death lawsuit. You could be eligible if injuries to your spouse caused:
- Loss of affection.
- Loss of emotional support and care.
- Emotional distress, shock, or mental anguish.
- Loss of companionship.
- Loss of sexual relations.
- Loss of reputation.
- Pain and suffering.
- Loss of the spouse’s income.
- Loss of help with child care and household chores.
An injury to a spouse or their death can devastate you and your family. The lawyers working at Berman & Simmons are ready to provide you with essential support and resources. We use our exceptional legal skills and dedication to get the compensation needed to assist our clients with their recovery. We have been helping people in the New England area for more than a century.
We're committed to providing the best representation to our clients
At Berman & Simmons, we’re committed to the well-being of our clients. That’s why we’re so dedicated to getting you the care and compensation you deserve. We also leverage our well-earned reputation for exceptional advocacy for our clients. In 2019, Chambers USA ranked us as the best trial firm in Maine for personal injuries, and we wish to be one of the best in the nation.
Our attorneys can bring many decades of experience and unmatched resources to your case, and several of them have received individual awards as well. We’ll make an effort to listen carefully to your story and help you deal with the difficulties that often come with losing a loved one or helping them recover from a serious injury. We want you to pay attention to your well-being while we help you hold those who caused your suffering accountable.
A law firm that you can trust
Berman & Simmons has won many of the biggest settlements and verdicts ever awarded for people living in Maine. Our polite, friendly attorneys and staff will listen carefully to you, learn about all of your concerns, and find ways to improve your quality of life. We’ll aid in your recovery and ensure that you get full compensation for your losses.
Don’t wait before hiring a personal injury lawyer:
- Maine law includes strict deadlines for initiating many loss of consortium claims.
- The other parties involved could already be building their defense.
- Witnesses can become unavailable or forget important details over time, and evidence could get lost.
- You may need assistance with navigating your spouse’s medical care or relieving financial pressures.
- To work on your recovery, you’ll need plenty of peace of mind.
Ask questions. We have answers.
It’s our job at Berman & Simmons to answer all of your questions, explain all of your options, and assist you with getting the most effective solution for your needs. To get to know us and speak with someone who can help you, call us at (207)784-3576 or complete our contact form. That way, we can start to learn about your current situation and help you decide what comes next.
Please call us for your free consultation
Please contact Berman & Simmons today at (207)784-3576 to arrange for your free consultation. Strict time limits and other requirements apply to wrongful death lawsuits, so reaching out to us sooner rather than later can be critical. You pay nothing unless we obtain compensation for you by settlement or jury verdict. We welcome the opportunity to help you and your family.
Take Back Control.
What damages are recoverable in Maine through a wrongful death claim?
It is the Personal Representative of the estate of the deceased who brings death cases in Maine. We can assist you or the family of the deceased in setting up an estate and naming a Personal Representative. Under Maine law, the following types of damages may be recovered:
Pain and suffering of the deceased between the time of injury and death
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The deceased’s medical and funeral expenses
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Economic losses caused by the deceased’s death, such as loss of income
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Emotional distress and loss of society, comfort and care
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Punitive damages
$8.5 Million
Paralysis due to mismanagement of
degenerative spine
$2.5 Million
Catastrophic injuries in a head-on car accident
$800,000
Wrongful death case involving negligent
motorist
$715,000
Plaintiff Rear Ended by
Telephone Truck
$5 Million
Delay in diagnosis and treatment of cancer
$1.2 Million
Significant Head Injury Car Accident
Loss of Consortium FAQs
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What is loss of consortium?
A loss of consortium action is normally a standalone claim brought by the spouse of a person who was injured or killed as a result of the defendant’s negligent or intentional actions. People sometimes call loss of consortium loss of affection or loss of companionship. It’s a request for compensation for the mental and monetary damage a spouse suffered after an injury to their partner.
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Who can file a loss of consortium claim?
In Maine, a spouse must file a loss of consortium claim. However, some states allow children, parents, and domestic partners to file this type of claim as well.
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How are loss of consortium damages calculated?
No amount of cash can truly compensate a person for the loss of a spouse or their health. Therefore, these damages are categorized as general or noneconomic, and the amount of money is up to the judge or jury. However, consulting an expert to provide a more precise monetary value for a loss of consortium claim could benefit you.
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What are the limits for loss of consortium settlements?
Maine limits pain and suffering damages in wrongful death cases to $500,000. There are no set limits for loss of consortium when both spouses are still living, but the awards are usually below this amount.
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Is there a statute of limitations for filing a loss of consortium claim?
In Maine, the statute of limitations for filing a loss of consortium claim for a wrongful death or a skiing accident is two years. For other types of injuries, including falls, vehicle accidents, and medical malpractice, you can wait up to six years to file a loss of consortium claim.
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How do attorneys prove loss of consortium?
The plaintiff must demonstrate that they were legally married to the person who was injured or killed at the time of the accident. They also need to show causation or prove that any damages to the relationship were actually caused by the defendant.
Defendants often try to investigate the relationships between spouses and attempt to prove that any problems existed before the injury. They may hire private investigators to look into all of the most intimate details of your marriage, even records from therapists or marriage counselors. A skilled attorney will keep the defense from forcing you to answer inappropriate questions about your personal life and help you prove that the person or organization you’re suing was negligent or malicious in their actions.