Strategies, Challenges, and Answers

Nevada Loss Of Consortium Claims Are Derivative

An adjuster just sent Mike Mills the following question. Hi, Mike!  Hope you are doing well.  I just had a quick question for you about loss of consortium claims in NV.  I understand that they are derivative of the injured person's claim.  My question is this: If we are settling an injured party's bodily injury claim and we know he is married, do we need the wife's signature on the release to protect our insd from any possible future claim of loss of consortium or other derivative claims?  If … [Read more...]

Nevada Children Not Entitled To Damages For Loss Of Consortium With Injured Parent

Mr. Bush was catastrophically injured when eye bolts on a large electrical control cabinet failed as the cabinet was being lifted by crane onto a Haulpak mining truck.  The cabinet hit Mr. Bush in the head causing him permanent brain injuries and rendering him totally incapacitated.  The jury found the manufacturer of the cabinet liable on a “failure to warn” theory.  See Ginnis v. Mapes Hotel Corp., 86 Nev. 408, 470 P.2d 135 (1970).  The argument was that General Electric should have given … [Read more...]

Damages 201 (Loss Of Consortium)

Aside from the damages previously discussed (see Damages 101 and 102) there is yet another form of compensatory damage. These damages are not meant to compensate the injured plaintiff, but instead, that person’s spouse.  Loss of consortium damages anticipate the possibility that injury to a plaintiff may cause damage to that person’s marital relationship. A meretricious relationship is insufficient.  A valid marriage is required. Loss of consortium is considered to be a derivative claim.  … [Read more...]