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loss of consortium |
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loss of consortium n. the inability of one's spouse to have normal marital relations, which is a euphemism for sexual intercourse. Such loss arises as a claim for damages when a spouse has been injured and cannot participate in sexual relations for a period of time or permanently due to the injury, or suffers from mental distress, due to a defendant's wrongdoing, which interferes with usual sexual activity. Thus, the uninjured spouse can join in the injured mate's lawsuit on a claim of loss of consortium, the value of which is speculative, but can be awarded if the jury (or judge sitting as trier of fact) is sufficiently impressed by the deprivation. (See: consortium, damages) |
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The taxpayer and her husband sued for personal injuries and loss of consortium. In the end, the jury concluded that the facility did not contribute to the resident's death and did not award any damages for medical expenses, loss of function, or loss of consortium to her surviving family members. The suit claims negligence, assault and battery, negligent and intentional infliction of emotional distress and loss of consortium because she cannot perform spousal duties. |
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loss of consortium
