What does loss of consortium mean?

Loss of consortium is the type of damage a spouse would recover when their husband or wife is injured due to the negligence of someone else. If your husband or wife is injured in a car crash, for example, you would be able to recover damages for pain and suffering.

Consortium has been defined as companionship and comfort, support and affection that you receive from your spouse. Because your spouse was injured, it is presumed that you, the uninjured spouse, are not receiving the same level of companionship and comfort as before the accident. This category also includes the right to recover damages for services that the injured spouse would have performed. For example, if the injured spouse always mowed the lawn and now they could not do it and it had to be hired out. The uninjured spouse could recover the cost of hiring someone to mow the lawn. This also includes the possible need for child care services needing to be paid for due to the spouse being disabled and unable to care for children.

To obtain loss of consortium damages the only thing that needs to be proven is that there was a lawful marriage at the time of the accident. Further, the marriage must have remained intact for a period of time after the injury.

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