LOSS OF CONSORTIUM DEMAND LETTER

Derivative Claim for Spousal/Family Damages

[LAW FIRM LETTERHEAD]

DATE: [________________________________]

VIA: Certified Mail, Return Receipt Requested
AND: Email to [________________________________]

TO:

[ADJUSTER NAME]
[INSURANCE COMPANY]
[ADDRESS]
[CITY, STATE ZIP]

Claim Number: [________________________________]
Insured: [________________________________]
Date of Loss: [________________________________]

RE: LOSS OF CONSORTIUM CLAIM

Dear [ADJUSTER NAME]:

This firm represents [CONSORTIUM CLAIMANT NAME], the [husband/wife] of [PRIMARY CLAIMANT NAME], in connection with a claim for loss of consortium arising from injuries sustained by [PRIMARY CLAIMANT NAME] on [DATE OF INCIDENT].

This demand is submitted in conjunction with the primary personal injury claim previously submitted on behalf of [PRIMARY CLAIMANT NAME].

I. NATURE OF CLAIM

A. Legal Basis

[CONSORTIUM CLAIMANT NAME] brings this derivative claim for loss of consortium under applicable state law. Loss of consortium compensates a spouse for the deprivation of the benefits of a family relationship due to injuries caused by the defendant's negligence.

B. Elements of Claim

[CONSORTIUM CLAIMANT NAME] claims damages for:

☐ Loss of love and affection
☐ Loss of companionship and society
☐ Loss of comfort and solace
☐ Loss of services and assistance
☐ Loss of intimate relations
☐ Loss of support (non-economic)
☐ Mental anguish from witnessing spouse's suffering
☐ Other recognized consortium elements

II. BACKGROUND

A. Marriage/Relationship

Consortium Claimant: [________________________________]

Injured Spouse: [________________________________]

Date of Marriage: [________________________________]

Length of Marriage at Time of Incident: [________________________________]

Children of Marriage: [Names and ages]
[________________________________]
[________________________________]

B. Pre-Incident Relationship

Prior to the incident on [DATE], [CONSORTIUM CLAIMANT] and [PRIMARY CLAIMANT] enjoyed a [describe relationship quality]:

[________________________________]
[________________________________]
[________________________________]

Activities enjoyed together included:
- [ACTIVITY]
- [ACTIVITY]
- [ACTIVITY]
- [ACTIVITY]

Household responsibilities were shared as follows:
- [PRIMARY CLAIMANT] was responsible for: [________________________________]
- [CONSORTIUM CLAIMANT] was responsible for: [________________________________]

III. INJURED SPOUSE'S CONDITION

A. Summary of Injuries

[Briefly summarize injured spouse's injuries from primary demand:]

On [DATE], [PRIMARY CLAIMANT] sustained the following injuries:
- [INJURY]
- [INJURY]
- [INJURY]

B. Treatment Summary

[PRIMARY CLAIMANT] has undergone the following treatment:
- [TREATMENT SUMMARY]
- Total medical expenses: $[AMOUNT]

C. Current Limitations

As a result of these injuries, [PRIMARY CLAIMANT] now has the following limitations:
- [LIMITATION]
- [LIMITATION]
- [LIMITATION]

D. Prognosis

[PRIMARY CLAIMANT]'s prognosis is: [________________________________]

☐ Full recovery expected
☐ Permanent impairment
☐ Ongoing treatment required

IV. IMPACT ON MARITAL RELATIONSHIP

A. Loss of Companionship and Society

[Describe specific ways companionship has been affected:]

Since the incident, [CONSORTIUM CLAIMANT] has experienced a significant loss of companionship. Specifically:

1. [PRIMARY CLAIMANT] is no longer able to [activity they used to do together].

2. [PRIMARY CLAIMANT]'s pain and limitations prevent [him/her] from [socializing, traveling, attending events, etc.].

3. [CONSORTIUM CLAIMANT] must now [go to events alone, cancel plans, etc.].

4. The couple's social life has been dramatically reduced because [reason].

5. [Other specific examples]

B. Loss of Services and Assistance

[Describe household services lost:]

Prior to the incident, [PRIMARY CLAIMANT] performed the following household services:

[CONSORTIUM CLAIMANT] has had to:
- Assume all/additional household responsibilities
- Hire outside help for: [________________________________]
- Forgo [tasks/activities] that cannot be completed

Estimated value of lost household services: $[________] per [week/month]

C. Loss of Intimate Relations

[Address sensitively but specifically:]

The injuries sustained by [PRIMARY CLAIMANT] have significantly impacted the couple's intimate relationship:

• Physical limitations prevent [general description]
• Pain and discomfort affect [general description]
• Medications affect [if applicable]
• Frequency of intimate relations has [decreased/ceased]
• The emotional and physical bond has been [affected]

D. Loss of Love, Affection, and Comfort

[Describe emotional impact:]

[CONSORTIUM CLAIMANT] has experienced a profound loss of the emotional support and comfort previously provided by [PRIMARY CLAIMANT]:

1. [PRIMARY CLAIMANT]'s chronic pain affects [his/her] mood and disposition.

2. [CONSORTIUM CLAIMANT] now provides constant care and support rather than receiving it.

3. The relationship dynamic has shifted from [partners/equals] to [caregiver/patient].

4. [CONSORTIUM CLAIMANT] experiences grief and sadness witnessing [PRIMARY CLAIMANT]'s suffering.

5. [Other specific impacts]

E. Assumption of Caregiving Responsibilities

[Describe caregiving burden:]

[CONSORTIUM CLAIMANT] has assumed the following caregiving responsibilities:

☐ Assisting with personal care (bathing, dressing)
☐ Managing medications
☐ Transportation to medical appointments
☐ Physical assistance with mobility
☐ Emotional support and encouragement
☐ Managing medical paperwork and insurance
☐ Other: [________________________________]

Estimated hours per week spent on caregiving: [____] hours

V. IMPACT ON FAMILY

A. Effect on Children

[If applicable, describe impact on children and family dynamics:]

The injuries to [PRIMARY CLAIMANT] have affected the entire family:

• [CHILD] has been impacted by: [________________________________]
• [CHILD] has had to assume additional responsibilities: [________________]
• Family activities have been curtailed: [________________________________]
• [CONSORTIUM CLAIMANT] must now serve as sole [activity] parent

B. Effect on Extended Family Relationships

[Describe impact on broader family and social relationships:]

[________________________________]

VI. EMOTIONAL DISTRESS OF CONSORTIUM CLAIMANT

[CONSORTIUM CLAIMANT] has experienced significant emotional distress, including:

☐ Anxiety about spouse's condition and future
☐ Depression related to changed circumstances
☐ Grief over loss of relationship as it was
☐ Frustration with new responsibilities
☐ Exhaustion from caregiving duties
☐ Fear about financial security
☐ Stress from witnessing spouse's suffering
☐ Impact on own physical health from stress

Treatment Sought (if any):
[________________________________]

VII. PERMANENCE OF LOSS

A. Temporary vs. Permanent

The losses described herein are:

☐ Temporary - expected to resolve when [PRIMARY CLAIMANT] recovers
☐ Permanent - [PRIMARY CLAIMANT]'s injuries are permanent
☐ Partially permanent - some limitations will continue indefinitely

B. Life Expectancy Considerations

[CONSORTIUM CLAIMANT] and [PRIMARY CLAIMANT] are [ages] years old. Based on life expectancy tables, the consortium losses are expected to continue for approximately [____] years.

VIII. DAMAGES CALCULATION

A. Loss of Services Value

B. Loss of Consortium (Non-Economic)

While difficult to quantify, the loss of companionship, affection, comfort, society, and intimate relations represents significant damages. Considering:

• Length of marriage
• Quality of pre-incident relationship
• Severity and permanence of injuries
• Duration of expected loss
• Emotional impact on [CONSORTIUM CLAIMANT]

We value the non-economic consortium damages at: $[________________________________]

C. Total Consortium Claim

IX. SETTLEMENT DEMAND

A. Combined Demand

We demand the following to resolve both the primary injury claim and the loss of consortium claim:

B. Separate Demand Option

Alternatively, if you prefer to negotiate the consortium claim separately:

Loss of Consortium Demand: $[________________________________]

X. SUPPORTING DOCUMENTATION

The following documentation supports this consortium claim:

☐ Marriage certificate
☐ [CONSORTIUM CLAIMANT]'s declaration/affidavit
☐ [PRIMARY CLAIMANT]'s declaration regarding impact on spouse
☐ Photographs of couple pre-incident
☐ Documentation of activities no longer possible
☐ Mental health treatment records (if applicable)
☐ Household services valuation
☐ Family/friend declarations regarding relationship changes
☐ Primary injury demand and supporting documents

XI. RESPONSE DEADLINE

Please respond to this demand within thirty (30) days of receipt. We are prepared to proceed to litigation if a reasonable offer is not forthcoming.

XII. RESERVATION OF RIGHTS

This demand does not constitute an exhaustive statement of all consortium damages. All rights and claims are expressly reserved.

Please direct all communications to:

[ATTORNEY NAME]
[LAW FIRM NAME]
[ADDRESS]

Phone: [________________________________]
Email: [________________________________]

Very truly yours,

[SIGNATURE]

[ATTORNEY NAME]
Attorney for [CONSORTIUM CLAIMANT NAME]
[STATE BAR NUMBER]

Enclosures:
☐ Supporting documentation as listed above

cc:
☐ [CONSORTIUM CLAIMANT]
☐ [PRIMARY CLAIMANT]
☐ File