Legal Definitions - filial consortium

Filial consortium refers to the legal right of parents to the love, companionship, comfort, affection, and services of their child. When a child is severely injured or dies due to the wrongful actions of another party, parents may seek compensation for the loss of this relationship, beyond just the child's medical expenses or lost future earnings. It acknowledges the profound emotional and practical bond between parents and their children.

Here are some examples illustrating filial consortium:

• Example 1: Car Accident Leading to Permanent Disability

  A 12-year-old child is a passenger in a car hit by a drunk driver. The child suffers a severe spinal cord injury, resulting in permanent paralysis and significant cognitive impairments. The parents file a lawsuit against the drunk driver. In addition to seeking damages for the child's medical care and future lost earnings, the parents also claim damages for loss of filial consortium. This claim represents the profound loss of their child's ability to participate in family activities, provide emotional comfort, and share in future milestones, as well as the permanent alteration of their parent-child relationship.

• Example 2: Medical Malpractice Resulting in Death

  A healthy 5-year-old child undergoes a routine tonsillectomy but dies on the operating table due to a preventable error by the surgical team. The child's parents initiate a wrongful death lawsuit. A significant component of their claim includes damages for the loss of filial consortium. This seeks compensation for the permanent absence of their child's love, affection, companionship, and the joy and comfort the child brought to their lives, which have been tragically cut short.

• Example 3: Loss of a Child's Support and Companionship

  A single mother, who relies heavily on her 16-year-old daughter for emotional support and practical help around the house due to the mother's chronic illness, tragically loses her daughter in an accident caused by a negligent driver. The mother's lawsuit against the driver includes a claim for loss of filial consortium. This claim seeks compensation for the profound loss of her daughter's companionship, affection, and the specific practical and emotional support the daughter provided, which are now permanently gone due to the wrongful act.