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)

References in periodicals archive ?
But recovery under a wrongful death claim, which is usually considered to accrue directly to beneficiaries, and direct recoveries for loss of consortium by spouses or other relatives are generally not considered probate assets and thus avoid these taxes.
TO HOLD THAT A PARENT CANNOT RECOVER FOR LOSS OF CONSORTIUM OF A NON-FATALLY INJURED CHILD IGNORES THE BASIC CONCEPT BEHIND RECOVERY FOR LOSS OF CONSORTIUM.
However, the court ordered the trial court to vacate its order on the causes of action for medical malpractice and loss of consortium.
The Fifth Circuit addressed recovery for loss of consortium and society under general maritime law in cases involving seamen and their spouses in Michel v.
Frederic Prinz VonAnhalt also sued seeking damages for loss of consortium and companionship of his wife of eighteen years due to her injuries.
The trial court denied the motion for summary judgment and concluded that the Johnsons could recover damages for the following: (1) the extraordinary costs necessary to treat the birth defects, (2) any additional medical or educational costs attributable to the birth defects during the child's minority, (3) medical and hospital expenses incurred as a result of the physician's negligence, (4) physical pain suffered by the mother, (5) loss of consortium, and (6) the mental and emotional anguish suffered by the parents.
Wigley an additional $250,000 for her loss of consortium and household services.
Gousse filed suit June 21, 2001 against the Defendants for civil rights violations, civil battery, false arrest, negligence and loss of consortium.
Although, the jury also found in favor of the patient's wife on her claim for loss of consortium, it awarded her no damages.
Earlier during the trial, which began June 21, the court granted directed verdicts for the defense on loss of consortium and negligence claims.
The claims procedures, however, did not specifically address the issue of compensating family members of victims for loss of consortium.
The Gousses filed a civil lawsuit June 21, 2001, against the LAPD-Rampart Division, City of Los Angeles and Budget Rent-A-Car for civil rights violations, civil battery, false arrest, negligence and loss of consortium.