Legal Definitions - loss of consortium

Loss of consortium is a legal term referring to the deprivation of the benefits of a marital relationship due to an injury or death caused by another party's wrongful actions. When one spouse is severely harmed, the other spouse may experience a significant reduction or complete loss of the emotional support, companionship, affection, and intimate relations that are integral to their marriage. This claim allows the uninjured spouse to seek compensation for these non-economic damages.

• Example 1: A husband is severely injured in a workplace accident caused by a malfunctioning machine, resulting in permanent physical disability and chronic pain. His wife files a claim for loss of consortium. She argues that his injuries have significantly diminished their ability to share in recreational activities, household responsibilities, and the physical intimacy they once enjoyed, fundamentally altering the nature of their marital companionship and support.

  Explanation: This example illustrates loss of consortium because the husband's injuries, caused by another party's negligence (malfunctioning machine), directly deprive his wife of the companionship, shared activities, and intimate aspects of their marital relationship.

• Example 2: A wife suffers a traumatic brain injury in a car accident caused by a distracted driver. While she physically recovers, the injury causes severe personality changes, memory loss, and emotional instability. Her husband files a claim for loss of consortium, explaining that the person he married is no longer present emotionally or intellectually, leading to a profound loss of their shared intellectual connection, mutual emotional support, and the affectionate bond that defined their marriage.

  Explanation: Here, the wife's brain injury, caused by the negligent driver, has robbed her husband of the emotional and intellectual companionship, affection, and support that were core to their marital relationship, even if physical intimacy might still be possible to some extent. The change in personality represents a loss of the specific benefits of *their* relationship.

• Example 3: A woman is tragically killed in a pedestrian accident when she is struck by a drunk driver. Her surviving husband brings a wrongful death lawsuit, which includes a claim for loss of consortium. He seeks damages for the complete and permanent loss of his wife's companionship, affection, guidance, and the intimate relationship they shared, which were all abruptly ended by the driver's actions.

  Explanation: This example demonstrates loss of consortium in the most absolute sense. The wrongful death of the wife means a total and permanent deprivation of all the benefits of the marital relationship for the surviving husband, including companionship, affection, and intimacy.