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Loss of consortium is a term used in the law of torts that refers to the deprivation of the benefits of a family relationship due to injuries caused by a tortfeasor. In this context, the word consortium means "(the right of) association and fellowship between two married people". [ 1 ]
A claim for damages based on loss of consortium is also sometimes considered a heartbalm action in England and elsewhere. [4] In the United States, heartbalm actions were widespread until high-profile stories in the early 20th century about heartbalm claims being abused for blackmail and extortion led to calls for repeal. [5]
Examples of this include physical or emotional pain and suffering, loss of companionship, loss of consortium, disfigurement, loss of reputation, impairment of mental or physical capacity, hedonic damages or loss of enjoyment of life, etc. [26] This is not easily quantifiable, and depends on the individual circumstances of the claimant. Judges ...
Michigan normally has a cap of $280,000 for "noneconomic loss," which is defined as "damages or loss due to pain, suffering, inconvenience, physical impairment, or physical disfigurement, loss of society and companionship, whether claimed under section 29222 or otherwise, loss of consortium, or other noneconomic loss. [32]
[3]: 216–21 'Consortium' in this context means "(the right of) association and fellowship between two married people"; [7] 'loss of consortium' was an act that deprived one spouse (initially only the husband) of the services which the other spouse was expected to provide. In the 1619 case Guy v.
Hitaffer v. Argonne Co., 183 F.2d 811 (D.C. Cir. 1950), [1] was a case decided by the D.C. Circuit that first recognized a wife's right to bring a cause of action for loss of consortium. [2] The plaintiff's husband had been injured at work, and had received compensation, however his injuries had left the married couple unable to enjoy sexual ...
A defendant who bears responsibility for an injury but whose tortious conduct was less than 50% is only responsible for his or her share of the plaintiff's economic loss. [5] Non-economic losses (such as pain and suffering or loss of companionship) can only be assigned proportionately.
In France, the consortium, considered a sub-type of joint venture, has important theoretical and practical significance. The French legal system does not provide a definition and does not explicitly use the concept of a joint venture or consortium (groupements momentanés d’entreprises). The consortium agreement in France is a purely ...