When someone loses a spouse, they can claim loss of consortium, which refers to receiving compensation for losing intangible relationship benefits like companionship and financial support. While most heterosexual spouses can take this right for granted, same-sex couples have been shut out until relatively recently.
The state of Ohio extends the right to loss of consortium claims to same-sex couples, even if they weren’t legally married when the injury or wrongful death took place. Your Cincinnati legal expert on personal injury can help you understand the current legal applications, but here are the facts.
What is a Loss of Consortium Claim?
As part of personal injury actions, spouses of injured parties can file loss of consortium claims for the loss of the care and services of their spouse as the result of an injury or wrongful death. Surviving spouses can collect benefits to recoup the loss of
- Love, affection, and companionship
- Sexual intimacy
- Caretaking during illness or injury
- Assistance with childcare or caring for other dependents
- Loss of income or financial assistance
- Help with household chores
A long-time, unmarried couple typically isn’t qualified to bring such claims, regardless of the nature of their relationship, living situation, or how long they’ve been together.
Can Same-Sex Couples File Loss of Consortium Claims in Ohio?
Until relatively recently, same-sex couples in Ohio were deprived of this cause of action. This changed with the Ohio Supreme Court ruling on Obergefell v. Hodges in 2015. Furthermore, on June 26, 2015, the U.S. Supreme Court ruled that the 14th Amendment, which requires all states to recognize marriage licenses from out of state, applies to same-sex couples.
What About Injuries Occurring Before the Change in the Law?
At least one Ohio court has ruled that a same-sex couple in a committed relationship at the time of the injury but not able to be legally married in Ohio can still claim loss of consortium. In Sparks v. Meijer, Inc., in Franklin County, the court relied upon a Connecticut Supreme Court precedent in making its ruling:
“Recognizing that same-sex spouses who would have been married absent legal impossibility may claim loss of consortium damages is the ‘wise judicial policy’ when the sole reason that they were not legally married at the time of the underlying tortious conduct was a now repudiated public policy against legal recognition of life-long same-sex relationships.” Mueller v. Tepler, 312 Conn. 631, 95 A.3d 1011 (2014).
Preserving Rights for All Married Spouses During Loss
Married same-sex couples currently have the same rights as straight unions when filing for loss of consortium claims. However, the process can be complex without proper legal guidance. For assistance with personal injury actions in Ohio, call Clements, Taylor, Butkovich & Cohen at 513-721-6500 or use our contact form. We’ll work hard to protect your rights and ensure you receive fair compensation for your losses.