Definition of Loss of Consortium
In many personal injury claims the husband or wife may recover damages for loss of consortium if their spouse is seriously injured or killed. Loss of consortium is the loss of love, affection, emotional support, sexual relations, services such as child care and household duties and companionship which the surviving spouse has lost due to the negligence of the third party. Damages paid for a personal injury claim may calculate a payment for this loss.
Although "loss of consortium" may sound like it only compensates for the decreased or limited sexual activity between spouses. Damages for loss of consortium seek to compensate the non-injured spouse for the loss of the previously existing spousal functions. Calculating loss of consortium can be complicated because it does not involve a precise monetary loss or objective cash value. Consider also, a valid marriage is a prerequisite for a claim for loss of consortium, and the amount awarded is left to the discretion of the judge or jury.