“Loss of consortium” is a legal term used to identify the loss of a relationship and any benefits therein. This type of claim is often associated with personal injury or wrongful death lawsuits, and is designed to compensate the surviving party for their loss. Of course, there is no way to truly quantify the loss of someone you love, but a successful loss of consortium claim can help recover damages associated with your loss. Let’s take a closer look at the question – “what is loss of consortium?”
What is Loss of Consortium?
The term “loss of consortium” comes from the Latin “per quod servitium et consortium amisit“, which means “in consequence of which he lost her society and services”. These claims are most often filed by surviving spouses, but may also be brought by surviving:
- Parents or step-parents
- Children or step-children
- Dependent sibling
- Any other dependent family member
The goal of a loss of consortium claim is to compensate the person filing the claim for losses related to the loss of their loved one. These losses may include:
- Economic contributions (lost wages, insurance coverage, etc.)
- Care and affection (including sex)
The value of your losses are in no way meant to be a replacement for your loved one. Rather, they are a rough substitute designed to compensate you for one element (financial) of your loss. The value is determined by reviewing your case and evaluating certain elements of your situation. In some cases, experts may be required to help quantify what may have been lost.
In most cases, loss of consortium claims are brought against defendants in personal injury or wrongful death claims where negligence is alleged to have caused, or contributed to, the death. To determine whether you have a loss of consortium claim, contact a personal injury attorney.