Loss Of Consortium Definition and Legal Meaning
On this page, you'll find the legal definition and meaning of Loss Of Consortium, written in plain English, along with examples of how it is used.
What is Loss Of Consortium?
(n) Loss of Consortium is the loss or deprive of the capability to sexually satisfy the other spouse, arise out of an event or accident leading to such a situation. A spouse is bed-ridden from an accident, then the other spouse can claim damages for his loss of sexual satisfaction as a consequential loss of accident.
History and Meaning of Loss Of Consortium
The term Loss of Consortium dates back to English common law, where it referred to the loss of a family member's services or companionship due to injury or death. Over time, it became associated more specifically with the loss of a spouse's ability to engage in sexual relations due to injury, illness, or disability caused by another person's negligence or wrongdoing.
In modern times, the concept of Loss of Consortium is often used as a factor in personal injury lawsuits, particularly those involving medical malpractice, automobile accidents, or workplace injuries. The aim of compensation is to compensate the spouse for the loss of intimacy, affection, and companionship.
Examples of Loss Of Consortium
A woman suffers a serious brain injury in a car accident and loses both her mobility and cognitive function. Her husband files a personal injury lawsuit against the driver who caused the accident and includes a claim for Loss of Consortium, citing the loss of intimacy and companionship resulting from his wife's condition.
A man is paralyzed after falling from scaffolding on a construction site. His wife files a lawsuit against the construction company for negligence and Loss of Consortium, arguing that the accident has caused a significant strain on their marriage by depriving them of their sexual relationship.
A patient undergoes surgery for a life-threatening health condition but develops complications that lead to permanent erectile dysfunction. His wife files a medical malpractice suit against the doctors, seeking damages for Loss of Consortium.
Legal Terms Similar to Loss Of Consortium
Wrongful Death - a lawsuit filed on behalf of someone who has died due to the negligence or wrongdoing of someone else.
Personal Injury - a claim for compensation filed by someone who has been injured because of another person's negligence or wrongdoing.
Pain and Suffering - damages awarded for physical or emotional distress caused by an injury.