When a serious injury disrupts a marriage, the non-injured spouse may have legal grounds to seek compensation through a loss of consortium claim in Kentucky.

What Is Loss of Consortium in Kentucky?

Loss of consortium refers to the deprivation of the benefits of a family relationship due to injuries caused by someone else’s negligence. In Kentucky, this claim is most often filed by the spouse of the injured person, though under limited circumstances, it may apply to parents of injured minors.

A successful loss of consortium claim compensates for the emotional and relational harm—not the physical injuries themselves. It recognizes that when someone suffers a life-altering injury, the damage extends beyond the individual to those closest to them.

Key Elements of a Kentucky Loss of Consortium Claim

To prevail in a loss of consortium claim in Kentucky, the plaintiff must establish several core elements:

A Valid Legal Marriage

The person filing must be legally married to the injured individual at the time of the injury. Unlike some states, Kentucky does not permit loss of consortium claims for unmarried partners or fiancés, even if they share a household.

Negligence or Liability of a Third Party

The injury must result from another party’s negligent or wrongful act. This often involves car accidents, medical malpractice, defective products, or other personal injury cases where the primary victim has a separate injury claim.

Evidence of Loss

The spouse must show how the injury affected the marital relationship. This may include loss of affection, inability to engage in sexual relations, emotional support, shared activities, and companionship.

Common Scenarios Where Loss of Consortium Claims Arise

Loss of consortium often accompanies catastrophic injuries such as:

For example, a spouse whose partner can no longer participate in parenting or shared household responsibilities may face psychological and financial strain—both of which form the basis of such a claim.

How Kentucky Courts Handle Loss of Consortium

Kentucky recognizes loss of consortium as a distinct legal claim. It is considered a derivative claim, meaning it depends on the outcome of the injured spouse’s case. If the primary claim fails, the consortium claim fails as well.

Separate Damages Award

Loss of consortium damages are awarded separately from the injured spouse’s compensation. This allows courts to assess the unique impact on the marital relationship rather than grouping it with medical or economic losses.

Limitations on Recovery

Kentucky does not impose a statutory cap on loss of consortium damages in most personal injury cases, except in medical malpractice, where non-economic damages may be limited under certain circumstances.

Proving the Impact on the Marital Relationship

Since there is no single formula to calculate emotional harm, the success of a loss of consortium claim often hinges on persuasive evidence. Courts may consider:

  • Testimony from the couple, family, or friends
  • Counseling or psychiatric evaluations
  • Documentation of changes in intimacy or communication
  • Evidence of household disruptions (e.g., caregiving burdens, changes in roles)

The more clearly the non-injured spouse can illustrate the decline in marital quality, the stronger the claim.

How Comparative Fault Affects Claims for Loss of Consortium

Kentucky follows a pure comparative fault system. This means that even if the injured party is partially responsible for their injury, they can still recover damages—though the total award is reduced based on their percentage of fault.

Because the loss of consortium claim is tied to the primary injury case, any reduction in the injured spouse’s award also proportionally reduces the consortium compensation.

Example:

If the injured spouse is deemed 30% at fault in a car accident and the court awards $100,000 in total damages, their spouse’s loss of consortium award would also be reduced by 30%.

Statute of Limitations for Filing in Kentucky

In Kentucky, the general statute of limitations for personal injury cases is one year from the date of the injury. This also applies to loss of consortium claims. If the claim is not filed within this timeframe, the court will likely dismiss the case.

However, there are exceptions depending on the circumstances—for example, if the injury was not immediately discoverable. An attorney can help determine whether your timeline qualifies for an exception.

Why Legal Guidance Is Essential

Loss of consortium claims are highly emotional and often complicated to prove. They require a nuanced presentation of facts and a clear demonstration of how the injury altered the core of a marital relationship.

Working with an experienced personal injury attorney in Kentucky ensures:

  • Strategic coordination with the injured spouse’s claim
  • Proper documentation of marital harm
  • Knowledge of jury tendencies and legal precedents
  • Protection against undervalued or dismissed claims

A knowledgeable legal team can help present the loss in a compelling and legally sound manner, maximizing the potential for fair compensation.

Conclusion

When one spouse is injured due to someone else’s negligence, the other spouse often bears invisible burdens—loneliness, stress, and the loss of a shared future. Kentucky law acknowledges this hardship through loss of consortium claims. Though these cases can be emotionally charged and legally complex, they offer a path to recognition and justice for the non-injured partner. If your family has been impacted by a serious injury, consulting a qualified Kentucky personal injury attorney can be the first step toward reclaiming what’s been lost.

Injured? The Office of Brandon J. Broderick, Personal Injury Lawyers, Can Help

Navigating a Kentucky Personal Injury claim can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.

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