When one or both partners in a marriage or domestic partnership suffers a serious personal injury or wrongful death, they have special rights to recovery. This is called a loss of consortium. It is a form of noneconomic damage. If injury causes one partner to be unable to engage in the things that the couple engaged in before, the other partner is entitled to recover for the loss. If the sexual relations, social relations, recreational activities, companionship, child-rearing responsibilities, household responsibilities or other aspects of the marriage have suffered because of the negligence, the noninjured party may have his or her own, separate right to bring an action as a plaintiff.These damages are in addition to other damages that the injured party may be able to recover and are the separate property of the noninjured spouse or domestic partner. These claims are brought only when there is severe injury and significant disruption to the marital unit.
[cherry_button text=”Download Our FREE Legal Guides” url=”https://dolanlawfirm.com/guides/?utm_medium=legal-definitions-pages&utm_campaign=legal-definitions-conversions&utm_source=Loss of Consortium” size=”large” radius=”1″ centered=”yes” icon=”icon: fa fa-download” bg_color=”#3a444d” color=”#ffffff” target=”_self”]
