Loss Of Consortium

Loss of consortium is a form of loss that is claimed most often in cases of personal injury. Usually, the claim of loss of consortium is made concerning the loss of sexual relationships. Due to an injury such as paralysis, one spouse may no longer be physically capable of sexual relations with their spouse, which will cause loss to both. If there has been loss of sexual relations, firstly the person injured can sue on the basis of this law, which will yield them compensatory damages if successful. In addition, some jurisdictions allow that the second party injured also sue separately, and receive their own sum, due to the fact that they have been separately but equally affected by the injury. Additionally, loss of consortium can also refer to the loss of affection, support, or companionship. If a claim is made for loss of consortium, these elements can also be considered in judging the amount of compensatory damages.

Fast Facts

  • loss of consortium can also be given if the spouse dies
  • some or all damages from a loss of consortium may be taxable

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