Loss of Consortium

Loss of consortium is a blanket term used in torts used to describe the damages suffered by a spouse when the other spouse is seriously injured or killed. Damages for loss of consortium include: general usefulness, household services, affection, comfort, and sexual services. Loss of consortium damages exclude loss of monetary support as this is covered by wrongful death damages.

Most jurisdictions only allow spousal relationships to recover loss of consortium damages. The legal recognition of marriage is important to consider for possible recovery of loss of consortium. In states that do not legally recognize same sex marriages or civil union equivalents, partners will not be able to recover for loss of consortium. Massachusetts, Vermont, Connecticut, New Hampshire, and New Jersey are notable exceptions, where same sex “unions” are legally recognized and the uninjured partner is therefore able to recover.

Couples who plan to get married, but are not actually married at the time of injury are likewise unable to recover for loss of consortium.

Some jurisdictions allow parent-child/child-parent relationships to recover for loss of consortium, especially as it pertains to the love and affection provided by a mother or visa versa. However, loss of consortium damages for child-parent relationships are considered the most speculative damages awarded in tort law and are only allowed in a handful of states.

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Tags: Law School, Torts

This entry was posted on Monday, November 2nd, 2009 at 11:21 am and is filed under Law School, Torts. You can follow any responses to this entry through the RSS 2.0 feed.