Consortium loss is a type of tort recovery for family members of a victim, acknowledging their suffering and loss of a loved one’s company. It can be prosecuted by any close family member and is common in wrongful death cases or severe disability/incapacity cases.
Consortium loss is a special type of tort recovery granted to a family member of a tort victim. A consortium action loss commonly occurs when one person dies as a result of the negligence of another. This action can also occur when someone is severely disabled or incapacitated.
A tort action is a civil suit in which a party causing harm pays monetary compensation to the injured party. An unlawful action may occur as a result of negligence or as a result of permanent injury. For example, if a tort performer, or a person who commits a tort, intentionally damages a victim’s property, that victim can sue. The victim could also sue if the offender damaged property negligently, but without willful misconduct.
Usually in a wrongful action, the person who is actually injured receives damages. For example, if a person has a leg broken by a criminal, the person with the broken leg collects damages. Even in a wrongful death lawsuit, damages are the result of the death of the person who sustained the injury.
A consortium action loss is a little different. This lawsuit acknowledges that the family of a tort victim also suffered damage that should be compensated. The family of a victim of a tort has suffered the loss of a family member.
A consortium lawsuit loss is especially common between spouses. When a person loses his wife, for example, he can sue the person who killed his wife for either manslaughter or loss of partnership. Damages for manslaughter are damages suffered by the wife, whose death was unjust; while the loss of consortium damages are the damages suffered by the husband who suffers from the fact that he no longer has a wife.
Loss of consortium damages can also be prosecuted by any family member who is deprived of a loved one’s business as a result of someone else’s tort. Parents of young children, siblings, or children are other parties who could be successful with this type of lawsuit. In general, the relationship must be close enough for the court to find that the family member has been seriously harmed by the loss of the tort victim’s business or company.
The victim of the crime does not always have to die for a person to receive damages due to the loss of the relationship. In some cases, the court has awarded compensation to a husband whose wife has been injured, and thus unable to maintain intimate marital relations. In other cases, family members have been compensated due to the severe disability or incapacity of a victim of tort.
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