You may wonder what a loss of consortium is, and what it has to do with a personal injury claim. According to the law, loss of consortium is when, due to personal injury, you and/or your spouse can no longer engage in activities that would be expected in the relationship. In sum, your relationship has been damaged/eliminated because of the injuries incurred. In a wrongful death claim, even when you did not endure physical injury, as the living spouse you may seek loss of consortium damages.
Married parties are at an advantage in loss of consortium claims. Generally, the law views marriage as an explicit contract between the two parties to share life, and the associate duties. The injury would then act as an interference with the agreement between the spouses. Although there are similar relationships between non-married parties, the case law usually does not support damages for alternative relationships; however, you may be the exception to the precedent.
This is a claim for compensatory damages, and is typically valued less than other damage claims. The court will consider the seriousness and premanency of the injury and, its impact on the relationship. Further, the impact on children (particularly young children) is considered, when their parent becomes disabled or passes away, because of an accident. Specific instances of loss of consortium include:
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