Loss of Consortium: Meaning and Definition

In tort law, the term "loss of consortium" refers to the deprivation of the advantages of a family relationship as a result of harms brought on by a tortfeasor. The term "consortium" here refers to the privilege of two married individuals to associate and fellowship with one another. Three theories of damages are available: medical expenses already paid or yet to be paid by the plaintiff; the loss of services provided by an injured spouse; and loss to society (within certain parameters).

In many jurisdictions, the common law rule of the consortium has been changed or eliminated by law. Common law jurisdictions vary greatly in their availability of loss of consortium, and some of them do not have it at all. Damages for loss of consortium are taken into account independently from compensatory losses and should not be confused with them.

What is the Meaning of Loss of Consortium?

The loss of advantages that a close or intimate relationship provides is referred to in law as "loss of consortium." This may involve losing −

• Companionship

• Affection

• Love

• Comfort

• Sexual intimacy

Your spouse is most certainly the most significant person in your life. He or she could be a confidant, partner, friend, lover, or companion.

Marrying your spouse is merely the beginning. Together, you envision a life filled with enduring good health, joy, and love. You may even start a family of your own. But regrettably, this promising future can come to a tragic end due to someone else's carelessness.

The family of the victim may no longer be able to have the same closeness with the victim when the person is harmed or dies. Loss of consortium acknowledges these losses and gives surviving family members the legal right to seek compensation from the person or organisation that caused the harm.

Each state may have its own unique definition of "loss of consortium." Loss of consortium, however, is generally referred to as the absence of support, aid, affection, society, protection, marital intimacy, or fertility. A close relative of a victim who has been hurt and is pursuing a personal injury claim to obtain damages from the party at fault may also file a loss of consortium claim.

Examples of Loss of Consortium

A loss of consortium claim typically consists of three parts, though state laws may differ.

• The defendant may be held legally accountable for injuries caused directly as a result of the defendant's negligence or willful misconduct.

• Prior to the harm, the plaintiff had a close, committed, or intimate relationship with the injured person.

• The plaintiff who is suing for loss of consortium will suffer a loss of affection, closeness, or a regular relationship with the injured victim as a result of the harm.

Claims for loss of consortium are frequently included in personal injury lawsuits filed by the victim. For instance, the injured party could file a civil lawsuit to get money to cover medical expenses, lost wages, pain and suffering, and emotional anguish. The injured victim's spouse or partner may also ask for compensation for their loss of consortium.

Who may File a Loss of Consortium Claim?

Only members of the closest possible family are eligible to file a claim for loss of consortium. While the claim was primarily meant to compensate for the loss of the couple's sexual relationship and their capacity to have children together, traditionally, this only applied to spouses and domestic partners. There are currently more states that allow people to file a loss of consortium claim. Depending on state laws, other close family members, such as parents and children, may occasionally be able to claim damages for this kind of loss.

Damages in these kinds of cases are meant to make up for the loss of companionship, comfort, and shared life experiences by family members. Depending on the laws of your state, a competent lawyer can advise you on whether you have a case for the loss you've suffered.

Proving Loss of Consortium Cases

Cases involving loss of consortium can be challenging to prove. Because loss of consortium is such a personal matter, this is. The same problems as other emotional claims plague it. It is easy to show that a victim lost tangible items because it is simple to assign a monetary value to them. For emotional harm and loss of consortium, this cannot be said.

These are the kinds of losses that call for the services of a qualified personal injury lawyer who can show the effect the plaintiff's injuries have had on the victim and the victim's family.

How is Loss of Consortium Calculated

It might be challenging to determine compensation for the loss of consortium. Especially when it comes to non-economic damages, there are no fixed rules.

Yet, it's likely that a number of variables will be considered when determining damages. These elements comprise −

• The type and size of the loss

• The combined life expectancy of the couple is

• Spouses' living arrangements

• The nature of the union or partnership

• Caring for and spending time with spouses

Wrongful Death in Loss of Consortium

Loss of consortium might result from an accident that resulted in either injury or wrongful death.

Injury

You can bring a loss of consortium lawsuit if your spouse was hurt and the harm affected your marriage. The victim's emotional condition, adverse effects from medication and treatment, and the healing process are a few of the variables at play.

Wrongful Death

You should be able to pursue a loss of consortium action if your spouse's death was the result of another person's negligence because you will undoubtedly experience the repercussions on your marriage. Even though the spouse who wasn't hurt was not a direct victim of the event, he or she will nonetheless be impacted in meaningful and genuine ways.

It should be noted that even in situations where the marriage might one day revert to the way it was before the injury; you can still file for loss of consortium.

Conclusion

Every family should never have to deal with the loss of a family member, whether it be a parent, child, or spouse. In order to account for the disruption that occurs from your spouse's altered ability to engage in life following a major injury, you can file a claim for loss of consortium. In order to prove the effect that your spouse's injuries had on your marriage and family, you will need to make a claim for loss of consortium and gather the appropriate evidence with the aid of an expert personal injury solicitor.

FAQs

Q1. What is the purpose of the loss of consortium?

Ans. The family of the victim may no longer be able to have the same closeness with the victim when the person is harmed or dies. Loss of consortium acknowledges these losses and gives surviving family members the legal right to compensate the person or organisation that caused the harm.

Q2. What does the loss of consortium mean in insurance?

Ans. Loss of consortium acknowledges the effect your accident-related injuries may have on your connection with your spouse or domestic partner as well as the loss or impairment of comfort and companionship.

Q3. What are the liabilities of a consortium?

Ans. Under the terms of both the Consortium Agreement and this License Agreement, Consortium Leader is responsible for its own actions, inactions, and violations. Each Consortium Member is responsible for their own behaviors, errors, and violations of the Accession Agreement and this License Agreement.

Q4. What is the loss of consortium in negligence?

Ans. The non-injured spouse may also be entitled to bring an action against the perpetrator where a married person is hurt and the injury robs their spouse of love, affection, companionship, and sexual intimacy. The phrase "loss of consortium" is used to describe these losses.