Loss of Consortium, a legal concept of significant importance, is primarily used in personal injury and wrongful death cases. It acknowledges that when one person is injured, the impact extends beyond the individual to affect their family relationships, particularly the marital relationship.
Traditionally, Loss of Consortium was limited to the spouse of the injured party, allowing them to seek compensation for any loss of companionship, affection, support, and sexual relations. However, the concept has evolved in some jurisdictions to include parent-child relationships or even same-sex partnerships.
In a typical scenario, when one spouse is severely injured due to another’s negligence, the uninjured spouse has the option to file a loss of consortium claim alongside the primary personal injury lawsuit. This claim acknowledges that the injury has fundamentally altered the nature of their relationship and the benefits they previously enjoyed.
Calculating damages in cases of Loss of Consortium can be a complex task as it involves intangible, non-economic losses. Courts may consider factors such as the strength of the relationship before the injury, the extent of the injury’s impact on the relationship, and the expected duration of these effects.
It’s important to note that laws regarding loss of consortium vary by jurisdiction. Some states limit the amount that can be recovered, while others may not recognize the claim for some instances.