In addition to the damages the spouse is seeking in an action, the Plaintiff's spouse may also make a claim to recover for the damages he/she has suffered as a result of the Defendant's negligence. This type of claim is called loss of consortium, and it allows recovery to the spouse of a physically injured person caused by the negligence of a third person.
Any recovery for loss of consortium requires proof of a tortious act that caused injury to the spouse. The word "consortium" really means a right which grows out of a marital relationship between husband and wife. It is a right to enjoy the society and companionship and the affection, including the right to sexual relations between the spouses as a part of the marriage relationship.
Therefore, a factfinder must find that as a result of the Defendant's act or omission the Plaintiff's spouse has suffered or is reasonably certain to suffer in the future a loss of consortium, and should fairly and reasonably compensate the spouse for the loss. The factfinder may consider, on this question of loss of consortium,
•• loss of companionship and society;
•• loss of comfort, solace, or moral support;
•• any loss of enjoyment of sexual relations or ability to have children;
•• any restrictions on social or recreational life; and
•• basically any deprivation of the full enjoyment of the marital state.
There is no special formula or rule to measure a fair amount for loss of consortium.
Any losses which the Plaintiff may be entitled to recover, such as nursing expenses or hospital bills, may not be considered in the loss of consortium claim. So also the factfinder should not compensate for any financial losses of the Plaintiff's spouse which may be included in the Plaintiff's loss of earning capacity.
