A loss of the benefits that one spouse is entitled to receive from the other, including companionship, cooperation, aid, affection, and sexual relations.... Loss of consortium can be recoverable as damages in a personal-injury or wrongful-death action. ( Black's Law Dictionary. 7th edition. Bryan A. Garner, editor-in-chief. St. Paul, Minn.: West Group; 1999.). Back
The inability of one's spouse to have normal marital relations.
Generally, a claim made by one spouse seeking damages for the loss of society, support, and affection of the other spouse because of an injury suffered by that spouse due to the defendant's negligence.
Deprivation of the benefits of married life, that is, the affection, solace, comfort, companionship, society, help and assistance, and the sexual relations between spouses. Usually the uninjured spouse makes the claim and his or her recovery will depend on whether the injured spouse recovers any damages. Sometimes the injured person will make the claim as well. A value is placed on this loss by considering the couple's individual life expectancies, whether the marriage was stable, how much care and companionship was bestowed upon the uninjured spouse (or vice versa), and the extent to which the benefits of married life have been lost.
a derivative action and, as such, its viability is dependent on the viability of a primary cause of action, such as a common law tort action
Involves actions to recover for injury to familial relationships, especially when negligently inflicted. A husband may have a monetary claim for Loss of Consortium after an accident involving his wife for the period of time when the wife is disabled and/or unable to provide him with physical comforts including sexual relations.
Refers to a claim made in fatal accidents. Loss of consortium refers to the loss of companionship that a husband or wife sustains as a result of the death of their spouse.
When one or both partners in a marriage or domestic partnership suffers a serious personal injury or wrongful death they have special rights to recovery. This is called a loss of consortium. It is a form of non-economic damage. If injury causes one partner to be unable to engage in the things that the couple engaged in before, the other partner is entitled to recover for the loss that they have suffered because of the injury to their relationship. If the sexual relations, social relations, recreational activities, companionship, child rearing responsibilities, household responsibilities, or other aspects of the marriage have suffered, because of the negligence the non injured party may have their own, separate right to bring an action as a plaintiff. These damages are in addition to other damages that the injured party may be able to recover and are the separate property of the non-injured spouse or domestic partner.
Damages awarded to a family member (usually a spouse) for loss of companionship.
Loss of consortium is a term used in the law of torts that refers to the deprivation of the benefits of a spousal relationship due to injuries caused by a tortfeasor. The relationship between husband and wife has, historically, been considered worthy of legal protection. The action originated in the 18th century and was once available to a father against a man who was courting his daughter outside of marriage, on the grounds that the father had lost the consortium of his daughter's household services because she was spending time with her beau.