My name is Brandon Osterbind and I am an attorney at Overbey, Hawkins & Wright. Car accidents affect many people, including the loved ones of those injured in a collision. Virginia does not recognize a spouse’s independent claim for loss of consortium.
In a personal injury case, only the injured person can recover for her bodily injuries, medical bills, lost income or earning capacity, pain and suffering, mental anguish, etc. But the injured person’s spouse does not get to the sue for loss of consortium. The injured person’s spouse will need to testify, however, to the effect of the injury on the plaintiff, which would include the type of matters that could be covered by a loss of consortium claim.