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Loss of Consortium

Definition - What does Loss of Consortium mean?

Loss of consortium refers to a legal claim for damages suffered by the family member or spouse of an injured person who sustained an injury or died as a result of the defendant’s intentional or negligent wrongful act. The concept of loss of consortium stems from the fact that because of the defendant’s actions, the plaintiff can no longer provide for his or her spouse or family member with the same love, companionship, affection, comfort, or sexual relations that could once be provided.

Justipedia explains Loss of Consortium

Loss of consortium is governed by the particular laws and limits of the jurisdiction in which the claim was filed. For example, Maine treats loss of consortium as is its own, separate cause of action. In most jurisdictions, loss of consortium is merely an element of damages that comes from a civil lawsuit. An example of when a loss of consortium element can be brought is during a wrongful death cause of action. In a wrongful death case, loss of consortium would be a single element of monetary damages that could be awarded to the plaintiff's immediate family and spouse.

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