Toll-Free: 888.472.1440
Phone: 713.224.7800
A:
Both are common damages sought in Jones Act lawsuits. The difference between the two has to do with the party making the claim. In loss of enjoyment of life (LOEL), the actual injured person makes the claim while in loss of consortium, the spouse or children of the injured person makes the claim.
Where pain and suffering, another common Jones Act damage, deals with direct pain from the injury, LOEL refers to the long-term psychological, physical and emotional loss caused by the injury. For example, paralysis may mean you can no longer enjoy the privilege of driving. An injury to the testicles may deprive a victim of sexual relations or the means to have children. Simply put, it is the daily loss of life’s pleasures.
There are formulas used to determine LOEL compensation that skilled maritime attorneys are very familiar with.
Loss of consortium means a spouse’s inability to share love, companionship, affection or maintain normal sexual relations because of an injury to the other person, also known as normal marital relations. A spouse’s injury prevents engagement in sexual and other marital relations either permanently or for a period of time, due to the defendant’s fault. The cause is not limited to physical injury. Mental distress caused by a workplace event may also impede sexual activity. It can also detrimentally affect a parent from spending quality time with children.
