Short Answer
Complete Explanation
Loss of consortium is a legal claim that allows a spouse or family member to seek monetary compensation for the deprivation of the benefits of a marital relationship caused by an injury to the other spouse.
- Definition:
A cause of action for damages arising from the loss of affection, companionship, sexual relations, and assistance that a spouse provides. - Legal Basis:
Recognized in many common‑law jurisdictions as part of tort law, often linked to personal injury or wrongful‑death actions. - Who May Claim:
Usually the spouse, but in some jurisdictions a parent or child may also bring a claim. - Types of Damages:
Compensation may cover loss of companionship, consortium, sexual relations, and services such as household help. - Limitations:
Claims are subject to statutes of limitations and may be limited by comparative fault or caps on non‑economic damages.
Common Misconceptions
Loss of consortium is a separate lawsuit from the injury itself.
It is typically filed as part of the same personal‑injury or wrongful‑death action, not as an independent case.
Only women can claim loss of consortium.
Both spouses, regardless of gender, may assert the claim if they suffer the loss of marital benefits.
FAQ
Can a same‑sex spouse claim loss of consortium?
Yes, in jurisdictions that recognize same‑sex marriage, a spouse may assert a loss of consortium claim just as opposite‑sex spouses can.
Is loss of consortium available in all states?
Most U.S. states recognize the claim, but the availability, scope, and caps on damages differ, and some states have abolished or limited it.
How is loss of consortium valued?
Courts consider factors such as the duration of the marriage, the severity of the injury, the degree of loss of companionship, and any impact on household responsibilities.
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