What type of damages are loss of consortium?
Loss of consortium aims to compensate spouses or domestic partners when an injury to their spouse significantly disrupts their relationship. These losses are considered “non-economic” or “general” damages – the same category as pain and suffering damages – since it is difficult to put a monetary value on them.
Is loss of consortium a special damage?
Loss of consortium is a type of harm that usually falls under the category of “general” or non-economic damages, meaning they are losses for which money is only a rough substitute. Other examples of general damages include: pain and suffering. humiliation and embarrassment.
How do you prove a loss of consortium claim?
Here is how you prove loss of consortium in a personal injury claim:
- Provide evidence that your marriage was loving and stable.
- Provide evidence that you and your spouse lived with one another full time.
- Provide evidence that your spouse provided you with care and companionship.
Can I file a “loss of consortium” claim?
Spouses and Partners. Historically, only spouses could bring a claim for loss of consortium. Many states, however, have relaxed this requirement to permit domestic partners to file a loss of consortium claim. The rules are different in each state. Children and Parents. Some states also permit a child or parent to file a loss of consortium claim.
What is loss of consortium in a personal injury case?
Loss of consortium is a legal action that a spouse may bring if their marriage is interrupted by a personal injury accident. A loss of consortium claim compensates the spouse for the disruption or decline of their marriage because of a personal injury action.
What is a loss of consortium claim?
What is Loss of Consortium. Loss of consortium is a claim for damages that may be made by anyone who has lost the benefits of a family relationship due to injuries or death caused by someone else’s negligent or intentional acts.