Loss of consortium is finally recognized in most jurisdictions. In lay terms, loss of consortium or “trauma to the marital relationship” recognizes the fact that due to injury, a spouse may not be capable of performing those tasks as pre-morbidly performed.

The claim of loss of consortium establishes the right of one spouse to state a cause of action for loss of companionship, emotional support, love, and sexual relations caused by a negligent or intentional injury to the other spouse by a third party. Disparagingly described as “sentimental” or “parasitic” damages, the mental and emotional anguish caused by seeing a healthy, loving, companionable mate turned into a shell of a person is real enough. To describe the loss as “indirect” is only to evade the issue. The loss of companionship, emotional support, love and sexual relations are real injuries. There may not be deterioration in the marital relationship, but it will certainly alter it in a tragic way. Even in the case of a husband, the “sentimental” images may dominate over the loss of support or material element. Thus, these damages are certainly not “parasitic” and to so describe them is inaccurate and cruel.

Historically, damages for loss of consortium were not viewed with favor. Today, virtually all jurisdictions universally recognize loss of consortium claims.

Counsel should always include such a claim, where appropriate.