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Topic: Loss of consortium

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	Loss of consortium - Wikipedia, the free encyclopedia
		Loss of consortium is a term used in the law of torts that refers to the deprivation of the benefits of a spousal relationship due to injuries caused by a tortfeasor.
		The deprivations identified include the economic contributions of the injured spouse to the household, care and affection, and sex.
		The action originated in the 18th century and was once available to a father against a man whom was courting his daughter outside of marriage, on the grounds that the father had lost the consortium of his daughter's household services because she was spending time with her beau.
	en.wikipedia.org /wiki/Loss_of_consortium (148 words)

	Consortium - Wikipedia, the free encyclopedia
		A consortium is an association of two or more individuals, companies, organisations or governments (or any combination of these entities) with the objective of participating in a common activity or pooling their resources for achieving a common goal.
		Consortium is a Latin word, meaning 'partnership, association or society' and derives from consors 'partner', itself from con- 'together' and sors 'fate', meaning owner of means or comrade.
		Another example of a successful consortium is the Five Colleges of Ohio of Ohio: Oberlin College, Ohio Wesleyan University, Kenyon College, College of Wooster and Denison University.
	en.wikipedia.org /wiki/Consortium (569 words)

	DC -- Claim for Loss of Consortium Not Barred By Injured Spouse's Contributory Negligence
		A loss of consortium claim stands separate and independent from a negligence claim and a judgment against a spouse claiming negligence is not a bar to an action by the spouse claiming loss of consortium.
		Therefore, if there is evidence to support it, the husband’s loss of consortium claim against the defendant driver stands, notwithstanding that the contributory negligence of the injured spouse ultimately barred her negligence claim.
		The court views the tort of loss of consortium as a distinct cause of action for injury to the marriage itself involving the prosecution of separate and independent rights.
	www.jocs-law.com /loss_of_consortium.htm (376 words)

	"Loss of Consortium Claims and Liability Policy Limits"
		Instead, the court concluded that a claim for loss of consortium is not a separate claim for bodily injury, but rather a claim that derives entirely from the bodily injuries suffered by the spouse injured in the accident.
		The Gonzales court held that although the claim for loss of consortium is recognized as a separate cause of action belonging to the spouse suffering the loss, recovery under the Allstate policy was restricted to the “each person” limit of liability.
		A divided court of appeal held that the wife was not foreclosed from recovering damages for loss of consortium under the “per occurrence” provision of the policy.
	www.ropers.com /article.asp?ArticleID=7 (3387 words)

	Converted file trb
		Wade urges that a loss of consortium claim should be allowed irrespective of whether a spouse is injured or dies instantaneously as a result of the defendant’s negligence because to conclude otherwise creates an anomaly in the law.
		We agree that loss of consortium is a proper element of damages in a wrongful death action for the death of a spouse.
		Loss of consortium damages do not continue beyond the death of the spouse unless the defendant is responsible for the death.
	www.state.in.us /judiciary/opinions/archive/04100101.trb.html (6348 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
		Although it is clear that we have consistently held loss of companionship and society are encompassed within pecuniary injury, it is also clear that we have used the terms, "loss of consortium," "pecuniary injury," and "pecuniary loss" inconsistently when referring to such damages.
		We agree with the Minnesota Court of Appeals' statement that pecuniary loss and loss of consortium are not co-extensive.
		Loss of consortium is an action that can be maintained only by a spouse and exists only during the decedent's lifetime prior to death.
	caselaw.lp.findlaw.com /scripts/getcase.pl?court=sd&vol=1999_037&invol=1 (1656 words)

	In the News - Full Article, In the News, News and Events, School of Law, Northwestern University
		Although the conventional wisdom holds that loss of consortium is a loss of sexual relations, legal scholars say it is much broader, applying to loss of affection and loss of company of a person near and dear.
		Courts have not been flooded with loss of consortium claims since the door was opened in 1994; experts say juries are most likely to award damages to people whose spouse or child died or who suffered devastating injury.
		Loss of consortium claims are far from commonplace, and successful claims are even less so because by and large they require a death or devastating injury to recover, said David Stout, president of New Mexico Trial Lawyers.
	www.law.northwestern.edu /inthenews/article_full.cfm?eventid=871 (1019 words)

	Philadelphia Lawyers Personal Injury Litigation Services Attorneys
		Although "loss of consortium" damages are traditionally associated with spousal relationships, modern cases have extended the right to recover them to parent-child relationships.
		Referred to as "filial consortium damages," these awards are intended to compensate the parent for the loss of affection, love and companionship that results from a child's injury or death.
		In 2003, the Texas Supreme Court declined to extend a claim for loss of consortium to the parents of a child with a non-fatal injury.
	www.lawguys.com /Some_States_Allow_Loss_of_Consortium_Damages_for_Injured_Children.htm (512 words)

	Abramson, Brown & Dugan (Site not responding. Last check: 2007-10-31)
		There is no legitimate distinction between the loss of consortium suffered by a 14 year old girl whose father is rendered a quadriplegic and the loss suffered by another 14 year old girl whose father is killed.
		In any event, there are substantial differences between a cause of action in favor of a parent for the loss of his or her child's society and a cause of action in favor of a child for the loss of his or her parent's society, services and companionship.
		Moreover, it is impossible to distinguish loss of parental consortium from loss of spousal consortium in terms of defining and quantifying damages.
	www.arbd.com /articles.jsp?a=7 (5962 words)

	Fitzjerrell v
		The Court found that the loss to the claimant is due only to the primary injury to that other person, and that the duty of a potential tortfeasor to a surviving spouse arises from the foreseeability of damage to the close relationship typically shared by husband and wife.
		Loss of consortium is thus derivative of other injuries and not an injury in and of itself.
		Plaintiffs argue on appeal that they should be allowed to recover for loss of consortium if the evidence shows that their relationships with Decedent was sufficiently close financially, socially, or both, and if it was foreseeable that the injury to Decedent would harm the relationships.
	www.supremecourt.nm.org /pastopinion/VIEW/03ca-125.html (2172 words)

	[No title]
		For example, you should not compensate (name of loss of consortium claimant) for any loss of financial support from (her husband) (his wife) because that amount would already be included in (name of principal plaintiff)'s right to recover for loss of past earnings or loss of (his) (her) ability to earn money in the future.
		However, if the loss of consortium award is subject to AS 09.17.010(b), it may be necessary to modify this Instruction 20.08 or Instructions 20.07A, B, C or D to advise the jury that there is a cap on the loss of consortium award.
		If there is a separate $500,000 cap for the spouse’s loss of consortium claim (and possibly other non-economic loss claims by the spouse, such as claims for negligent infliction of emotional distress) a separate loss of consortium “cap” instruction may be necessary.
	www.state.ak.us /local/akpages/COURTS/insciv/20.08.doc (885 words)

	Weight Loss in TutorGig Encyclopedia
		Coupling loss is the loss that occurs when energy is transferred from one electrical circuit circuit, circuit element, or medium to another.
		In telecommunications, reflection loss is one of At a discontinuity or impedance mismatch, e.g.
		Loss of heterozygosity LOH in a Cell biology cell represents the loss of a single parent s contribution...
	www.tutorgig.com /es/Weight+Loss (851 words)

	CLRC No 4
		The right to claim for loss of consortium is the right of a husband to claim compensation for the loss of the 'Society, Companionship and Services' of his injured wife when the injury is caused by wrongdoing, that is, by negligence or assault.
		A husband may not claim compensation for loss of consortium due to the death, caused by wrongdoing, of his wife but may claim for any loss due to her injury for the period leading up to her death so caused.
		Families could claim for the loss of the domestic services of a negligently killed relative whether or not the services were to to be replaced, provided a pecuniary value could be placed upon them[7].
	www.jcs.act.gov.au /eLibrary/lrc/r04/report4.html (3431 words)

	Converted WP file 21312
		The claim for loss of consortium by an individual other than the one suffering bodily injury as a result of an automobile accident is generally recognized as arising out of the claim for damages of the bodily-injured person.
		Federal Kemper maintains that the loss of consortium claim asserted by the Karlets' children arises from the bodily injuries suffered by their parents in the accident, and that any claim they may have for loss of parental consortium is subject to the $100,000 per person limits of liability applicable to their parents' bodily injury claims.
		Footnote: 8 Where the insurance policy language includes loss of services in the definition of bodily injury, courts have held that the loss of consortium claim is a separate bodily injury.
	www.state.wv.us /wvsca/docs/spring93/21312.htm (2245 words)

	Richmond & Quinn: Litigation Overview Part 11
		A child may also claim loss of consortium for injuries to a parent and a parent may claim loss of society for injuries or death of a child below the age of majority.
		Loss to the estate is the probable value of the decedent's estate had he not prematurely expired, less the actual value of the estate at death.
		Recovery has included loss of expectation of pecuniary benefits, loss of contributions for support, loss of assistance or services, loss of consortium, loss of prospective training and education, and medical and funeral expenses.
	www.richmondquinn.com /overview11.html (3473 words)

	[No title]
		Although technically the consortium claimants are also “plaintiffs,” for ease of understanding, the injured parent is referred to by name and the consortium claimants are referred to by name or as the plaintiff’s children.
		However, if the loss of consortium award is subject to AS 09.17.010(b), it may be necessary to modify this Instruction 20.08 or Instructions 20.07A, B, C, or D to advise the jury that there is a cap on the loss of consortium award.
		If there is a separate $500,000 cap for the child(ren)’s loss of consortium claim (and possibly other non-economic loss claims by the child(ren), such as claims for negligent infliction of emotional distress) a separate loss of consortium “cap” instruction may be necessary.
	www.state.ak.us /local/akpages/COURTS/insciv/20.09.doc (750 words)

	Washington Courts
		She maintained that her claims for loss of society, companionship, services, and consortium were separate from the claims of the estate, triggering a separate $100,000 'each person' limit.
		Loss of consortium claims are separate and not derivative.
		The Morgavi court considered whether cases holding loss of consortium claims to be independent and not derivative prevented insurers from confining recovery for loss of consortium to the limit for each injured person.
	www.courts.wa.gov /opinions/?fa=opinions.opindisp&docid=550063MAJ (1212 words)

	chapter18 (Site not responding. Last check: 2007-10-31)
		The term consortium literally translated means "fellowship." In law it refers to the "conjugal fellowship of husband and wife, and the right of each to the company, cooperation, affection, and aid of the other in every conjugal relation." Black's Law Dictionary 382 (4th rev. ed.
		Originally, the primary element of consortium for which recovery was permitted was the service of the wife to her husband.
		The recovery by the man of benefits compensating for economic loss would not overlap and bar recovery by his wife for her noneconomic injuries; she had an independent right to enjoy the society and companionship of her husband, which worker's compensation did not cover.
	www.law2.byu.edu /Wardle/New_Fam/chapter18.htm (2253 words)

	annika's journal: Loss Of Consortium
		It seems that a loss of consortium case would only be justified if it could be proven that the injured spouse were obviously milking the minor injuries to avoid "regular duties" as a spouse for an extended period.
		If loss of consortium is not compensated, then the full social harm is not paid for by the defendant.
		Loss of consortium is, after all, a derivative claim.
	annika.mu.nu /archives/015216.html (2974 words)

	OSCN Found Document: LOSS OF SPOUSAL CONSORTIUM- ELEMENTS OF LIABILITY
		Spousal consortium is the right a [husband/wife] has to the services, society, comfort, companionship and the marriage relationship of [his/her] [wife/husband].
		A spouse's right to recover special damages for loss of the other spouse's services is derivative only in that, if the injured spouse has no valid claim for such injuries, the other spouse is without right to recover for loss of consortium.
		Neilson, 444 P.2d 194, 198 (Okla. 1968) ("[T]he law is well settled that the wife's contributory negligence may be pleaded and proved as a bar to the husband's action for medical expenses and loss of his wife's services, society, and companionship, because of injury to the wife caused by the negligence of a third person.").
	www.oscn.net /applications/oscn/DeliverDocument.asp?CiteID=73958 (251 words)

	[No title]
		Welch asserted that George’s loss of consortium claim was not actionable because it was derivative of his wife’s personal injury claims and George could not establish that his wife’s injuries met one of the threshold requirements of the Colorado Auto Accident Reparations Act, sections 10-4-701 to -726, 3 C.R.S. (2000)(“No-Fault Act”).
		Allowing a loss of consortium claim to be brought as an independent action would clearly circumvent this intent because it would allow a plaintiff to bring a claim even though the spouse’s injuries do not meet the statutorily required threshold.
		Based on this type of analysis, other jurisdictions have found that a loss of consortium claim is derivative for the purposes of no-fault insurance acts, and as such, is only maintainable if the injuries to the spouse on which a claim is based meet statutory threshold requirements.
	www.courts.state.co.us /supct/opinions/1999/99SC964.doc (2895 words)

	Attorney Stephen Linder Providence Rhode Island (Site not responding. Last check: 2007-10-31)
		The rest of the injured person's family is deprived of noneconomic valuables, such as affection of a spouse, companionship or parental guidance of children, or the camaraderie of brothers and sisters.
		Loss of consortium is a term that our legal system uses to recognize and compensate those who have suffered losses due to the negligence of others.
		For instance, parents sometimes sue doctors for loss of consortium with their baby if negligence was involved in the infant's death.
	www.linderlaw.com /consortium.htm (175 words)

	WYOM Found Document:Williams v. Hook
		In addition to pecuniary loss, the mother was found to have a personal right, independent of all others, to recover for the loss of companionship and love of the child; destruction of the parent-child relationship, and intangible personal injuries which accrued to her alone.
		The loss of consortium and the grief of the surviving spouse, which shall be distributed to the surviving spouse.
		The grief and loss of companionship of the children and parents of the decedent, which shall be distributed to them according to their grief and loss of companionship.
	wyom.state.wy.us /applications/OCISWeb/deliverdocument.asp?citeid=14931 (4428 words)

	Lesco v. Glass Crafters
		The claimant’s attorney in that suit (who is the same attorney in her present workers’ compensation claim) reported to the superior court that the $800,000.00 settlement was to be divided by allocating $400,000.00 to the wrongful death claim and $400,000.00 to the loss of consortium claim.
		Hertz Corp., 407 N.E.2d 1286 (1980), the Supreme Court in Massachusetts held that an employer’s insurer was not entitled to reimbursement for recovery under loss of consortium because loss of consortium was not a compensable injury under the state workers’ compensation act.
		No action with respect to any claim or cause of action for loss of consortium shall be brought by one spouse against an employer of the other spouse if such other spouse is entitled to receive, is receiving or has received benefits pursuant to chapter 568 [the Workers’ Compensation Act].
	wcc.state.ct.us /crb/2000/3915crb.htm (2263 words)

	[No title]
		Defendants contend that the trial court properly dismissed plaintiff's claim brought in her individual capacity for loss of consortium based on the ground that the wrongful death statute, N.C. Gen. Stat.
		1992), encompasses loss of consortium claims, and any common law claim encompassed by the wrongful death statute must be asserted under this statute by the personal representative for the deceased.
		Plaintiff argues, however, that the statute does not provide for recovery for her mental anguish and that her action for loss of consortium should be allowed to stand so that she can recover damages as a result of her mental anguish.
	www.ibiblio.org /pub/docs/nc-supreme-court/nov0293/dukeu.asc (1061 words)

	Carter Capner Lawyers – Loss of Consortium (Site not responding. Last check: 2007-10-31)
		You have a separate right to claim damages for loss of consortium arising out of the accident in which your spouse sustained the injuries as a result of another's negligence, breach of contract or breach of statutory duty.
		The claim is for the deprivation of your spouse's consortium and services whilst your spouse was suffering disability from the injury sustained in the accident.
		Consortium is the association between a husband and wife which includes companionship, love, affection, comfort, mutual services and sexual intercourse.
	www.cartercapner.com.au /consortium.html (238 words)

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