Chicago Personal Injury Lawyer

Loss of Consortium

Loss of consortium is a claim that an individual may charge if he or she loses a spouse. It is used in the law of torts that describes the deprivation of the benefits of a family relationship as a result of the actions of a tortfeasor.

Unlike many of the tort claims available in the United States, loss of consortium did not arrive via the English common law. The claim was created as part of Lord Campbell’s act and does not exist in some of the common law jurisdictions. As opposed to punitive damages, a loss of consortium claim may lead to the award of compensatory damages.

The action was originally part of a Latin expression dealing with the loss of a wife. The original claim could be charged by a husband who lost his wife but not the other way around. The claim exists at all because the relationship between husband and wife has been considered worthy of legal protection in history.

Like all torts, there is a protected interest. Here, it is that the head of the household had an interest in the physical integrity of his wife, children, or servants. The underlying idea of the claim is that a husband has an unreciprocated proprietary interest in his wife. The deprivations suffered by the spouse originally included the economic contribution of the spouse to the household, care and affection, and sex.

Fortunately, the tort has been expanded since it was created during the 18th century. Various jurisdictions have adopted the tort in a variety of forms.

Contact a Chicago Personal Injury Lawyer

For more information on the loss of consortium claim, contact a Chicago personal injury lawyer of Friedman & Bonebrake at 312-466-8200.