Loss of Consortium

Loss of Consortium

When one or both partners in a marriage or domestic partnership suffers a serious personal injury or wrongful death they have special rights to recovery. This is called a loss of consortium. It is a form of non-economic damage. If injury causes one partner to be unable to engage in the things that the couple engaged in before, the other partner is entitled to recover for the loss that they have suffered because of the injury to their relationship. If the sexual relations, social relations, recreational activities, companionship, child rearing responsibilities, household responsibilities, or other aspects of the marriage have suffered, because of the negligence the non injured party may have their own, separate right to bring an action as a plaintiff. These damages are in addition to other damages that the injured party may be able to recover and are the separate property of the non-injured spouse or domestic partner. These claims are only brought when there is severe injury and significant disruption to the marital unit.