Loss Of Comfort, Society and Affection
Loss of consortium is an element of damages in personal injury and wrongful death claims. While the loss of consortium claims is mainly brought by the surviving spouse for the loss and death of the other, it can also be brought in cases where there has been a substantial and debilitating injury rather than a death.
For example, a car accident in which the husband was rendered paralyzed from the waist down. In such a case, the wife may assert a loss of consortium claim alleging, among other damages, a loss of intimacy and companionship between the spousal partners.
The loss of a close and loving relationship
The loss of consortium claim is best understood as the loss of a close and loving relationship and the impact of such a loss on their lives. A loss of consortium claim is highly personal in character and is based on the unique closeness of the relationship. For example, the close and loving relationship between a father and his son or the loss of a loving mother.
In the case of losing a spouse, a loss of consortium claim is compensation for having lost the other’s emotional and financial support, comfort, love, affection, services, companionship, and intimacy.
States differ on who has the standing to bring a loss of consortium claim
In most states, only spouses have legal standing to bring a claim for loss of consortium. An increasing number of progressive states, such as California, also permit registered domestic partners to legally assert a loss of consortium claim.
Concerning children and parents, a small but growing number of states permit a child or parent to file a loss of consortium claim.
Obstacles to loss of consortium claims
In some states, for a surviving spouse to assert a claim for loss of consortium, the spouse must first prove that there existed a valid marriage. Another potential obstacle for the plaintiff is whether a loss of consortium claim is even compensable under a single-injury liability insurance policy.
Under a strict construction of the policy, it might be the case that a loss of consortium claim is construed as a secondary and separate claim and therefore denied under a single injury claim policy exclusion.
If you have additional questions and would like to set-up an individual consultation regarding the specific facts of your case book an online appointment with a personal injury attorney.
