Loss of consortium—or loss of companionship—refers to a legal concept that has been around for centuries, and it typically applies in cases where the victim has been injured in some way, either physically or emotionally.
When someone is injured, their life is likely to be drastically altered—their ability to contribute financially may be compromised, and the physical and emotional effects of the incident can have far-reaching impacts, both short and long-term.
In some cases, the financial and emotional losses associated with the incident can also be quite significant, making it possible for a judge to award damages in terms of loss of consortium.
Obligor Liability for Loss of Consortium
When it comes to loss of consortium, there must be an obligor—that is, an entity or person who is responsible for the loss. This is usually the party that caused the incident, whether it be an individual, business, or other organization.
The judge in a loss of consortium case may award damages for medical treatments, pain and suffering, lost wages, and—most importantly—loss of the victim’s companionship in the immediate future. There have been numerous cases in which loss of consortium damages have been awarded, ranging from the mundane to the extraordinary.
Examples of Loss of Consortium Claims
For instance, two notable legal cases involving loss of consortium claims are Rogello v. Garay and the Boston Marathon bombing case. In the first case, a husband and wife were awarded damages for the loss of their companionship following a car accident in which the husband was seriously injured. In the second case, victims of the Boston Marathon bombing were awarded millions of dollars in losses associated with emotional and physical trauma.
Conclusion: Loss of Consortium in the 21st Century
Loss of consortium is a concept that has been around for centuries, and it still has relevance today, as evidenced by the examples highlighted here. When someone has suffered an injury, it is important for them to consider potential recoverable damages, including loss of consortium.