A loss of consortium claim is a legal request for damages made by a spouse of an injured person. This claim seeks compensation for the negative impact on the marital relationship due to the injury caused by another party. It encompasses not only a reduction in sexual activity but also the loss of companionship, affection, and care that the uninjured spouse experiences as a result of the injury.
This term is primarily used in civil law, particularly in personal injury cases. When one spouse suffers an injury due to another's negligence, the uninjured spouse may file a loss of consortium claim as part of the overall lawsuit. This claim is intended to address the emotional and relational damages that arise from the injury. Users can manage this process with the help of legal templates available through US Legal Forms, which are drafted by experienced attorneys.
Here are a couple of examples of abatement:
(Hypothetical example) If a person is injured in a car accident caused by another driver's negligence, their spouse may file a loss of consortium claim to seek damages for the emotional distress and reduced intimacy resulting from the injury.
| State | Details |
|---|---|
| California | Allows loss of consortium claims for spouses and registered domestic partners. |
| New York | Recognizes loss of consortium claims but has specific requirements for proving damages. |
| Texas | Allows claims but may limit recovery based on the nature of the injury. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Loss of Consortium | A claim for damages due to loss of companionship and affection. | Focuses on the uninjured spouse's emotional suffering. |
| Personal Injury | A legal term for injuries to the body, mind, or emotions. | Broader category that includes physical injuries and related claims. |
If you believe you have a loss of consortium claim, consider the following steps:
Browse our library of 85,000+ state-specific legal templates.
In some jurisdictions, yes, but this varies by state and is not universally recognized.