When a personal injury lawyer or an insurance company are trying to figure out the value of a personal injury claim, they make a series of calculations for various “heads of damage.”
Some of the most commonly calculated “heads of damage” include:
· pain and suffering
· loss of income
· cost of care
· out-of-pocket expenses
· loss of housekeeping capacity
The PainWorth app allows you to calculate all of these most common heads of damage on your own.
Today, however, we’re going to explore a much lesser known head of damage called “loss of marriageability.”
To put it simply, loss of marriageability is when an accident, assault, or other personal injury results in the victim losing their ability to be in a lifelong relationship with somebody else.
Loss of marriageability occurs when a car accident, assault, or other personal injury has causes physical or mental problems that make it very difficult or impossible for somebody to attract or keep a spouse in the future.
Usually, to prove loss of marriageability, the accident victim—or their legal team—has to show that the accident has caused the victim such severe physical or mental issues that it would be very difficult or impossible for them to find or be in a romantic relationship.
To show this, expert witnesses often need to be called in.
These experts witnesses might include: psychologists, psychiatrists, neurologists, plastic surgeons, social workers, or any other qualified professionals who can explain how the event in question—and its effects—have severely impaired the victim’s ability to be able to be married.
In addition, sometimes the victim’s own testimony—or the testimony of their friends and family or even ex-spouse—can be used to further show how the event has resulted in romantic difficulties for the victim.
A number of different mental or physical issues can cause a loss of marriageability. Here are just some examples:
Burns, scars, or other injuries, can negatively affect a person’s physical attractiveness, and—unfortunately—make it difficult for them to find a partner who is willing to enter into a romantic relationship with them.
Spinal injuries can significantly affect someone’s ability to find or maintain a romantic relationship.
This is particularly true if they are paralyzed in such a way that they are unable to engage to provide physical affection or perform sexually.
Traumatic brain injuries (sometimes abbreviated as “TBIs”) can cause problems with thinking, with understanding others, and with managing emotions.
As a result, TBIs can make it difficult for someone to connect with others and prevent somebody from being able to form a romantic relationship.
Chronic pain is a pain that persists over a long period of time.
In short, it follows a person throughout their life and throughout their day-to-day activities and it can severely affect their ability to engage in regular social activities.
As a result, chronic pain can affect somebody’s ability to find or maintain romantic relationships, and the chronic pain itself can sometimes make it difficult to engage in physical intimacy.
Post-traumatic stress disorder makes it difficult for somebody to engage in day-to-day life without experiencing severe panic attacks in the presence of triggering stimulus.
Especially in the case of traumas that resulted from assault, PTSD can make it impossible for a victim to engage in emotional or sexual intimacy, as even the act of being touched by another person may trigger their PTSD.
The damages awarded in a loss of marriageability case will depend on the severity of the impairment and its impact on the victim’s ability to form and maintain romantic relationships.
If an injury has caused severe disfigurement or disability that makes it almost impossible for the plaintiff to find a partner, the damages awarded may be substantial.
While they are sometimes confused with each other, it is important to note that “loss of marriageability” is not the same as “loss of consortium.”
Loss of consortium refers to the loss of love, companionship, and sexual relations between spouses. It is a completely separate legal claim that is usually filed by the husband or wife of the injured person.
Loss of marriageability, meanwhile, is a legal claim filed by the injured person themselves.
Loss of marriageability can have a huge impact on somebody’s future, and their ability to find companionship.
That said, loss of marriageability is a very rare head of damage that is beyond the scope of the PainWorth personal injury settlement calculator. It often requires expert witnesses and the testimony of many friends and family to prove.
If you’ve or somebody that you know has experienced a loss of marriageability, your case is likely very complicated and you may want to consult a personal injury lawyer.
