How Do the Courts Value Loss of Intimacy in an Injury Claim?

Injuries can have a significant impact on intimacy. Loss of love, companionship, or physical intimacy is something no couple wants to go through. While we understand that this can be a sensitive and difficult topic, we feel that it’s important to talk about. If your loved one is injured as a result of another person’s negligence, and that impacts your intimacy as a couple, you may be able to claim several thousand dollars in compensation. We realize that no amount of money could possibly replace the loss of these aspects of your relationship, but at least it offers some financial support during a difficult time.  

Loss of consortium and intimacy.

This type of lawsuit is known as a “loss of consortium” claim and it can also be filed by partners who have lost a spouse in a fatal accident. Loss of consortium does not only include physical intimacy. It also accounts for things like loss of love, care, affection, comfort, and companionship – also known as “society and comfort.” Depending on the circumstances, a couple’s ability to enjoy life together may be impacted (i.e. going for dinner, travelling, recreational activities, etc.), they may be unable to conceive children, their marriage can experience significant strain, and more. Traumatic Brain Injuries (TBI) can also be a factor that may result in significant changes to your partner’s personality. If your once kind and loving partner is now irritable, angry, and difficult to be with, and they are no longer the same person you knew, this loss of society and comfort is a direct result of their injury.  

How much money can I claim for loss of intimacy?  

In Alberta, loss of consortium claims fall under the Tort-Feasers Act  and the amount of money you may be eligible to receive typically depends on the impact to your life and relationship. For example, if your partner is severely injured and your role becomes one of long-term caregiver, the amount of compensation you receive will likely be more. In the 2001 case of Chae v. Min, their relationship was reduced solely to care giving, and the wife was awarded $30,000. In cases where the effects are less severe and a couple is still able to experience emotional intimacy or some aspects of physical intimacy, the Courts may award compensation up to $10,000. It’s important to understand that every case is different, so these numbers will vary. Depending on your situation, the money from a claim could be used to pay for sessions with a sex therapist, assistance from a healthcare aide, therapy for you, or to cover some of your bills so you have one less thing to worry about.  

We’re here for you. 

We know that loss of intimacy after an injury can be a difficult and painful topic. But it’s also something that many people suffer through silently without receiving any support. At Litco Law, we’re here to offer legal support and connect you with resources to help you through this time. If you have questions, our caring team is just a phone call away.  

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