Also known as: loss of society · loss of companionship · loss of consortium · consortium
Written by attorneys · grounded in primary & secondary sources — see below
Damages recoverable by one spouse for the deprivation of the other's society, services, and companionship caused by tortious injury to the first spouse.
Luis Lopez suffered severe burns when a deep fryer exploded at his workplace. His wife Layla Lane paid for substitute childcare and lost his household help and intimacy during his recovery. Luis settled his personal injury claims, after which Layla filed a separate action for loss of society and services. Because joinder with the original suit was possible, her separate action is barred.
Lance Lee sustained permanent injuries in a product liability incident involving a medical device. His wife Lila Lin provided daily care and lost his companionship and capacity for sexual relations. The court permitted her to recover damages for these relational losses alongside his bodily injury award.
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Levi Lowe was injured in a construction accident. His legally married same-sex spouse Lola Langley lost his emotional support and household services during a lengthy hospitalization. The court recognized her standing to recover for loss of society and companionship under the state's recognition of the marriage.
Linden Bank relied on a negligent audit and suffered financial collapse that caused its CEO physical and emotional harm. The CEO's spouse sought recovery for resulting loss of society and companionship. The court considered whether the auditor's duty extended to such derivative claims.
Lighthouse Shipping fired an employee without cause, causing him severe stress-related illness. His spouse claimed loss of society and companionship due to the resulting emotional withdrawal and medical expenses. The court evaluated whether the employment claim supported a derivative relational loss action.
Loyal Insurance's employee suffered a disabling workplace injury. Her husband sought damages for the resulting loss of her household services and companionship. The court addressed whether the husband's claim for loss of society and companionship was cognizable under the applicable tort principles.
The plaintiff must prove that the defendant's tortious conduct caused bodily harm to the plaintiff's spouse and that the plaintiff suffered a resulting loss of society, services, or companionship. Recovery includes compensation for impaired capacity for sexual intercourse and reasonable expenses incurred for substitute care.
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Yes. The action for loss of society and services must be joined with the action for bodily harm unless joinder is impossible. Recovery is allowed only when the claims are joined, promoting judicial economy and avoiding inconsistent verdicts.
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No. The settlement resolves only the injured spouse's own damages. The uninjured spouse holds an independent cause of action for relational losses that is not extinguished by the settlement.
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A certified county marriage record kept under legal duty is admissible under the public records hearsay exception to prove the marriage. The record need not be supplemented by live testimony of the officiant.
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…reduced inheritance taxes upon the death of a spouse, compensation if a spouse dies as a result of a work-related injury, or loss of consortium damages in tort suits. But receiving governmental recognition and benefits has nothing to do with any understanding of “liberty” that the Framers would have recognized. To the extent that…