The term “consort” is a term that refers to a person’s spouse, more specifically a wife or a husband. The phrase “consort with” is a term that refers to associating with someone closely. Then, the term “loss of consortium” refers to the loss of association or companionship with a person that is a close partner or family member.
As far as the legal definition of loss of companionship and consortium, each state will have their own legal definition as to what is considered to be loss of companionship and consortium. In general, “loss of consortium” is defined as the damage sustained to a relationship because of an injury that occurred to a person or their spouse.
Many attorneys define loss of consortium solely as the loss and/or decrease of a sexual relationship. However, loss of consortium can also refer to other types of losses, such as the loss of:
- Care;
- Companionship; and
- Affections of a loved one, regardless of whether or not there is a decrease and/or loss of a sexual relationship.
Loss of consortium is most commonly raised in civil cases where an injury has occurred, such as:
A damage claim for loss of consortium is often brought in a wrongful death lawsuit. A wrongful death action can be brought by a family member of a deceased victim against the person who caused the death of their loved one.
Although the laws of each state vary in terms of which persons can bring a wrongful lawsuit, generally an immediate family member of the deceased person has standing to file a wrongful death lawsuit. This would include a spouse, parent, or adult child.
A wrongful death lawsuit may be brought against an individual, businesses, government agencies, or other types of organizations. Because wrongful death actions are considered to be civil matters, the standard of proof for these claims is generally lower than in criminal cases. This means that it is considerably easier to win a wrongful death lawsuit than it is to obtain a conviction in a criminal case.
If an individual is successful in their wrongful death case, or other personal injury case, the court will then consider and simultaneously make a determination regarding their claim for damages. These damages can include a claim for damages associated with loss of consortium or companionship.
Who Can Recover Damages For Loss Of Companionship And Consortium?
Loss of consortium claims can vary by state, as each state may have different personal injury laws. Once again, loss of consortium can apply to many different situations and types of relationships, not solely spouses who lost a sexual companion, such as:
- Parental Consortium: Many states have recognized the loss of a relationship between a child and their parent or parents as a loss of consortium.
- As such, a child may be able to sue for the loss of their parent’s care, companionship, and affections., because such a loss can negatively affect the child’s development, welfare, and personality for the rest of their life.
- It is important to note that some state laws only grant loss of consortium damages where the parent has died, while other states recognize consortium damages where the parent was severely harmed or injured.
- Some states also allow loss of consortium damages to only minor children, while other states grant consortium damages in suits by adult children as well.
- Unmarried Partners and Couples: Some states allow loss of consortium claims for persons that are dating, but unmarried.
- However, these types of damages can be considerably difficult to obtain, as the person making the claim for damages will have the burden of articulating the harm that they suffered, such as by providing evidence of therapy bills, etc.;
- Grandparents: Some state laws recognize loss of consortium rights of grandparents to their grandchildren.
- Importantly these claims are generally only granted in limited circumstances, such as when a grandparent was demonstrated to have a significant relationship with the child.
When reviewing a loss of consortium claim, the fact finder (i.e. the judge or jury) will consider multiple factors including, but not limited to:
- The overall stability of the marriage or relationship;
- How long the relationship has lasted;
- Each person’s individual health and life expectancy; and/or
- The projected loss of benefits.
- For example, the death of an individual is seen as a greater loss of companionship or consortium than a person that has sustained burns.
All of the above factors will be weighed by a court when determining the amount of damages to award related to loss of companionship or consortium. Individual life expectancy is an especially important factor when determining damages for loss of companionship and consortium.
For example, if a person whose spouse died is relatively younger, they may have had a certain amount of years that they could expect to spend with their spouse or loved one. On the other hand, if the person whose spouse died is older or more advanced in years, then they may have fewer years to expect to spend with their loved one.
Are There Any Limits On Damages For Loss Of Companionship And Consortium?
In short, yes, there are often state limits that are imposed on claims for loss of companionship and consortium. Because the type of injury and losses involved can be unique, damages for loss of consortium can differ dramatically from case to case.
In general, loss of consortium is considered to be a type of non-economic damage. Economic damages, such as hospital expenses, can be accurately calculated with some degree of precision. However, non-economic damages, such as loss of consortium are somewhat more abstract, and may be combined with other non-economic damage claims, such as pain and suffering.
Because of this, there is no real general rule or formula used for calculating loss of consortium damages. Instead, the party making the claim for loss of consortium or damages, will generally require the assistance of a lawyer, who can help determine the amount of damage appropriate for their particular case.
It is important to note that some states may impose a cap or limit on non-economic damages, which includes a damage claim for loss of companionship and consortium. However, it is ultimately up to the judge who is presiding over the case to determine the actual dollar amount that may be recovered for non-economic damages.
For example, Wisconsin imposes a loss of companionship/consortium damages cap of $350,000 for the death of an adult, and $500,000 for the death of a minor. Similarly, Arkansas imposes a cap of $500,000 for damages related to loss of consortium. Maine also caps loss of consortium damages at $400,000.
Additionally, some states impose damage caps for all non-economic damages taken as a whole. For instance, in California, there is a $250,000 limit for all non-economic damages claimed by the injured party, including claims for a loss of consortium or companionship. At the same time, in Michigan, the upper limit damage cap is $842,500 for all non-economic damages.
Do I Need A Lawyer For Help With Limits On Damages For Loss Of Companionship And Consortium?
If you or a loved one have experienced an injury, and are experiencing a loss of companionship or consortium, it may be in your best interests to consult with an experienced wrongful death attorney. An experienced lawyer will be familiar with the laws of your state concerning loss of companionship and consortium.
Additionally, a personal injury lawyer can help you understand your legal rights and options according to your state’s specific laws, including whether any damage caps exist. Then, an attorney can help you initiate a lawsuit against the party responsible for your damages, and ensure that your claim for damage is well evidenced and supported. Finally, an attorney will also be able to represent you in court, as needed.
