What is loss of consortium?

If one of your loved ones dies as the result of a Connecticut motor vehicle accident, you have the right to sue the driver of the other car for the damages you sustained as a result of your loved one’s wrongful death. Loss of consortium is one of your damages for which you can sue.

Originally the term “loss of consortium” meant a surviving spouse’s loss of his or her ability to engage in sexual relations with his or her deceased spouse. As FindLaw explains, however, the term has long since expanded to include other forms of losses and other plaintiffs than just surviving spouses.

Loss of consortium proof

Today, surviving parents, children and siblings of the deceased, as well as his or her surviving spouse, can claim loss of consortium damages. Bear in mind, however, that loss of consortium represents one of your noneconomic damages; i.e., those to which you cannot attach a specific dollar amount. Consequently, you will need to be prepared to show clear and convincing evidence of your loss so your wrongful death jury can determine the proper dollar amount to attach to your loss of consortium damages.