Loss of Consortium - Loss of Sexual Marital Relations

Loss of consortium occurs when you are married and your spouse was injured; you are suing because you can no longer enjoy the same love and affection and companionship that you did because of the injury to your spouse. Conventional wisdom considers a "loss of consortium" to entail those losses suffered as a result of decreased or limited sexual activity between spouses. In reality, however, the term covers much more. Basically, loss of consortium damages seek to compensate the non-injured spouse for the injury's effects on previously existing spousal functions. As such, a claim for loss of consortium typically compensates the claimant spouse for loss or deprivation of the following:

• Companionship
• Emotional support and care
• Sexual relations
• Affection
• Services, e.g., household chores, caring for small children
• Love
• Society
• Comfort

Juries & Damages for Loss of Consortium

Juries generally do not like a spouse who was not injured to try to collect based upon the loss of consortium relating to the injury to the spouse. It is basically trying to get money based on someone else's pain. Thus, even though this is an area for potential damages in any serious injury case where the people are married, many lawyers will not ask for loss of consortium and figure they will get the full recovery based upon the injured person.

However, if it is a situation where there is a very serious injury, then the attorney may also ask for loss of consortium if there is going to be a serious interruption in the marital relationship.

If you have been unfairly treated by insurance companies, sustained a serious personal injury or have lost a loved one because of negligent or wrongful conduct in California and need representation by an experienced trial attorney, in California call toll free 1-800-252-9776 or contact us online.