Posted by Sansone / Lauber Trial Lawyers on October 31, 2014SHARE IT
“Loss of Consortium” is the personal injury attorney word for the damage to a marital relationship. Often from personal injury caused by a car accident, fall, medical malpractice, or other injury caused by negligence. It is a claim for the damage to the intimate parts of the relationship as well as the everyday tasks of life. Under Missouri law is it is described as the loss of services, society, companionship, assistance with household chores, care, love, sexual intercourse, and affection that would normally be available. See Novak v Kansas City Transit Inc., 365 S.W.2d 539 (MO 1963).
The injuries to a husband or wife also have an effect on their spouse. The injuries can limit their contributions to the marital relationship, whether that includes household chores that can no longer be done or the intimate parts of the relationship. Personal injury Plaintiffs (husband or wife of the physically injured person) claiming loss of consortium will have to discuss their sex life in some detail and how it has been affected by the injuries.
A common injury from a car accident is a low back injury. Our St Louis car accident lawyers routinely see back injuries caused by car accidents. Some back injuries are severe enough where it does have a significant impact on their marriage.
Many times we don’t make loss of consortium claim for various reasons. Insurance policy limits may make it pointless, personal injury clients may not want to open up their private lives, or most often, we believe the jury takes those types of damages into account without specifically having to bring it up. Sometimes, we do have the husband or wife file a separate loss of consortium claim.
Like anything else, it helpe for the personal injury victims to try their best to continue to have a strong marriage despite the injuries. Several studies have determined the best sex positions for men and women suffering different types of back pain. These are steps married couples dealing with personal injuries can take to help keep the intimate part of their marriage strong.
“What we know now is that sex positions that are suitable for one type of back pain are not appropriate for another kind of pain [….] These guidelines have the potential to improve quality of life — and love life — for many couples.”
Women whose back pain is made worse by arching their backs or lying on their stomachs benefit from the missionary position. Also, add a pillow under your back for support. Old studies suggested spooning was better, but new imaging technology has changed that opinion.
Women whose back pain is made worse touching their toes or sitting for long periods of time are recommended to use spooning or doggie-style with the woman supporting her upper body with her hands, not her elbows.
“Many couples will remain celibate because the pain resulting from one night of lovemaking lasts months […] Now doctors have solid science to guide their recommendations.”
If you or your spouse suffer from, back pain as the result of a car accident or negligence of another, contact our Missouri & Illinois injury attorneys for free to discuss all your options (314) 863-0500 or online at the link above.