[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.truittlawoffices.com\/blog\/loss-of-consortium-in-indiana\/#BlogPosting","mainEntityOfPage":"https:\/\/www.truittlawoffices.com\/blog\/loss-of-consortium-in-indiana\/","headline":"What Is \u201cLoss of Consortium\u201d in Indiana?","name":"What Is \u201cLoss of Consortium\u201d in Indiana?","description":"When a person is injured in an accident, their spouse may also suffer if the injuries affect their marital relationship. In particular, a spouse may feel emotional distress because of the other spouse’s injuries. Indiana law allows spouses to seek compensation for harm to their relationship through a \u201closs of...","datePublished":"2023-04-12","dateModified":"2026-04-08","author":{"@type":"Person","@id":"https:\/\/www.truittlawoffices.com\/blog\/author\/richardtruitt\/#Person","name":"Richard Truitt","url":"https:\/\/www.truittlawoffices.com\/blog\/author\/richardtruitt\/","identifier":13,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/873e99ebaf9a19c98d76d750d942377a4e6f6cd1e89779c7698fb25efd30f015?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/873e99ebaf9a19c98d76d750d942377a4e6f6cd1e89779c7698fb25efd30f015?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Truitt Law Offices","logo":{"@type":"ImageObject","@id":"https:\/\/www.truittlawoffices.com\/wp-content\/uploads\/2021\/03\/Truitt-Law-Offices-Logo.png","url":"https:\/\/www.truittlawoffices.com\/wp-content\/uploads\/2021\/03\/Truitt-Law-Offices-Logo.png","width":427,"height":59}},"image":{"@type":"ImageObject","@id":"https:\/\/www.truittlawoffices.com\/wp-content\/uploads\/2023\/04\/sad-husband.jpg","url":"https:\/\/www.truittlawoffices.com\/wp-content\/uploads\/2023\/04\/sad-husband.jpg","height":667,"width":1000},"url":"https:\/\/www.truittlawoffices.com\/blog\/loss-of-consortium-in-indiana\/","about":["Car Accidents"],"wordCount":1040,"articleBody":"When a person is injured in an accident, their spouse may also suffer if the injuries affect their marital relationship. In particular, a spouse may feel emotional distress because of the other spouse’s injuries. Indiana law allows spouses to seek compensation for harm to their relationship through a \u201closs of consortium\u201d claim. Loss of consortium refers to a legal claim for the loss of companionship and services in a marital relationship due to injuries caused by another party\u2019s negligence.Table of Contents1 Who Can Bring a Loss of Consortium Claim in Indiana?2 How Do You Establish Liability in a Loss of Consortium Claim in Indiana?3 What Factors Would a Jury Consider in an Indiana Loss of Consortium Claim?4 What Compensation Can I Recover Through a Loss of Consortium Claim?5 What Is the Deadline for Filing a Loss of Consortium Claim in Indiana?6 How Can an Attorney Help?7 Contact an Indiana Personal Injury Lawyer TodayWho Can Bring a Loss of Consortium Claim in Indiana?Only the legal spouse of a person injured in an accident may file a loss of consortium claim in Indiana. Even if two people have been in a committed relationship for decades and have children together, a partner may not file a loss of consortium claim unless they are legally married to the partner who suffers injuries. Because same-sex marriage is recognized as a constitutional right in the United States, same-sex spouses may pursue a loss of consortium claim in Indiana.How Do You Establish Liability in a Loss of Consortium Claim in Indiana?To establish liability in a loss of consortium claim, you must prove that the opposing party caused your spouse\u2019s injuries. You must also show how you have suffered harm in your marital relationship because of those injuries. Some of the evidence that a lawyer might use to prove fault in a loss of consortium claim includes the following:Photos and videos of the scene of the accidentPolice and accident reportsEyewitness testimonySurveillance video footage of the accidentMedical records from the treatment of your spouse\u2019s injuriesBills and invoices for household or childcare services you must hire to replace the services previously performed by your spouseYour testimony concerning the nature and status of your relationship with your spouse, including details such as activities or travel you enjoyed together before the injury, the advice and emotional support you provided each other before the injury, or the frequency of your sexual relationsSupporting testimony about your marital relationship from family members, friends, and neighborsExpert testimony concerning your spouse\u2019s prognosis or your and your spouse\u2019s life expectanciesWhat Factors Would a Jury Consider in an Indiana Loss of Consortium Claim?Because a loss of consortium claim typically compensates a spouse for non-financial losses they have suffered, a judge or jury must consider various factors to determine a monetary figure that fully compensates a spouse for their loss of consortium claim. Some of the factors they may consider include the following:The severity of the injuries suffered by your spouse and the physical impairments that the injuries causeThe duration of the impairment to your marital relationship or the duration of your spouse\u2019s medical recoveryThe stability of the marriage, including whether you and your spouse have a close, intimate relationship or whether you have grown distant or regularly argueYour and your spouse\u2019s life expectanciesThe specific nature of your loss, including whether you have lost your spouse\u2019s intimate relations, companionship, affection, guidance, or household servicesThe mental anguish, emotional distress, or shock you have experienced because of your spouse\u2019s accidentWhat Compensation Can I Recover Through a Loss of Consortium Claim?A loss of consortium claim can compensate you for the loss of relations between you and your spouse due to their injuries or resulting permanent disability. You might seek compensation for the loss of:Your spouse\u2019s companionshipIntimacy and sexual relations with your spouseYour spouse\u2019s advice, guidance, and protectionThe services your spouse performed around the household that you must now perform or hire someone else to perform, including childcare, housekeeping, or home maintenanceEmotional stability due to the shock of your spouse\u2019s accidentAn attorney can help you better understand your rights and legal options for pursuing compensation for loss of consortium.What Is the Deadline for Filing a Loss of Consortium Claim in Indiana?Under Indiana\u2019s statute of limitations for personal injury claims, you generally have two years from the date of the accident that injured your spouse to file a loss of consortium lawsuit against those liable for your spouse\u2019s injuries. The court might permanently dismiss a loss of consortium lawsuit filed after the deadline. If so, you could lose your right to seek compensation in civil court. For this reason, don\u2019t wait to talk to a personal injury lawyer about your claim. An attorney can ensure the necessary paperwork is filed promptly and correctly to protect your right to pursue compensation.How Can an Attorney Help?A personal injury lawyer can help you seek compensation in a loss of consortium claim by:Investigating the accident that caused your spouse\u2019s injuries to identify all liable partiesGathering evidence to support your claim and build a strong case in your favorObtaining documentation to prove the losses you have suffered because of your spouse\u2019s injuries, including medical records, witness testimony, and expert reportsDrafting and filing legal claims and demand letters on your behalf to pursue financial reliefFighting to maximize your compensation through a negotiated settlement or by taking your loss of consortium claim to trialContact an Indiana Personal Injury Lawyer TodayIf your spouse suffered injuries in an accident in Indiana that someone else caused, contact Truitt Law Offices for a free, no-obligation consultation. You deserve to pursue compensation for the loss you experience due to your spouse\u2019s injuries. Taking legal action can be challenging. But you don\u2019t have to go through this difficult time alone. An Indiana personal injury lawyer can assist you with seeking financial relief to help you move forward with your life.Visit Our Indiana Personal Injury Law Offices{    \"@context\": \"http:\/\/schema.org\",    \"@type\": \"VideoObject\",    \"duration\": \"P0Y0M0DT0H0M57S\",    \"description\": \"Meet Phil Truitt video\",    \"embedUrl\": \"https:\/\/www.youtube.com\/embed\/XZ6K4Daf21U\",    \"thumbnailUrl\": \"https:\/\/www.youtube.com\/watch?v=XZ6K4Daf21U\",    \"contentUrl\": \"https:\/\/www.youtube.com\/watch?v=XZ6K4Daf21U\",    \"name\": \"Meet Phil Truitt\",    \"uploadDate\": \"2022-08-11T00:00:00+0000\",    \"@id\": \"https:\/\/www.truittlawoffices.com\/videos\/meet-phil\/#VideoObject\"}[    {        \"@context\": \"http:\/\/schema.org\",        \"@type\": \"Answer\",        \"name\": \"Answer Question\",        \"text\": \"Only the legal spouse of a person injured in an accident may file a loss of consortium claim in Indiana.\",        \"@id\": \"https:\/\/www.truittlawoffices.com\/blog\/loss-of-consortium-in-indiana\/#Answer\"    },    {        \"@context\": \"http:\/\/schema.org\",        \"@type\": \"Answer\",        \"name\": \"Answer Question1\",        \"text\": \"To establish liability in a loss of consortium claim, you must prove that the opposing party caused your spouse\u2019s injuries. You must also show how you have suffered harm in your marital relationship because of those injuries.\",        \"@id\": \"https:\/\/www.truittlawoffices.com\/blog\/loss-of-consortium-in-indiana\/#Answer1\"    },    {        \"@context\": \"http:\/\/schema.org\",        \"@type\": \"Answer\",        \"name\": \"Answer Question2\",        \"text\": \"Under Indiana\u2019s statute of limitations for personal injury claims, you generally have two years from the date of the accident that injured your spouse to file a loss of consortium lawsuit against those liable for your spouse\u2019s injuries.\",        \"@id\": \"https:\/\/www.truittlawoffices.com\/blog\/loss-of-consortium-in-indiana\/#Answer2\"    },    {        \"@context\": \"http:\/\/schema.org\",        \"@type\": \"Answer\",        \"name\": \"Answer Question3\",        \"text\": \"To establish liability in a loss of consortium claim, you must prove that the opposing party caused your spouse\u2019s injuries. 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