We have all heard of the term ‘loss of consortium’, but a very few know its meaning. So, what is the loss of consortium definition? Different types of laws prevail in different states regarding loss of consortium. Most of these states permit the husband and wife in personal injury cases to reimburse for the harms caused by the loss of consortium. Loss of consortium enables the spouse of the injured partner to take up a case in opposition to the defendants stating the loss occurred during the personal injury event.
These types of cases usually come up when the accident results in any fatality or seriously injuring the partner. The basis of such cases is the loss occurring to the partner who survives in the incident. The defendant is blamed for his actions, which deprived the spouse from the companionship of the partner. The defendant’s action could be the result of his negligence or an intentional action.
Basis of compensation
There are many bases for filing the damage of consortium by the spouse. The spouse who files the complaint blames the defendants for many losses that incurred to him/her by the reckless actions of the defendants. These losses include comfort, affection, love, society, companionship etc.
Other factors included in them are loss of domestic services and emotional care and overall support. The domestic services in them include the care given by severely injured spouse to the children and the share, which the other would have taken in all the household activities.
There are no well-defined monetary compensations set forth for the loss of consortium cases. It wholly depends on the judge who presides over the case to take a decision and fix the compensation amount considering various aspects of the case.
Loss of Consortium prerequisites in California
In the State of California, you can file the Loss of Consortium only if you and your partner are legally married. This was made clear by a court in California while considering a Loss of Consortium case. The explicit instruction says, “loss of (the spouse’s) love, companionship, comfort, affection, society, solace or moral support; any loss or enjoyment of sexual relations or the ability to have children or any loss of the (the spouse’s) physical assistance in the operation and maintenance of the home…”
Hope you have understood the loss of consortium definition. In the event of an unfortunate incident involving a serious injury to your spouse, you can always file one and get the deserved compensation from the defendant.