Also known as: loss of society · loss of consortium · consortium damages · loss of companionship
Written by attorneys · grounded in primary & secondary sources — see below
A derivative claim allowing one spouse to recover from a tortfeasor for the resulting loss of the injured spouse's society, services, and capacity for sexual intercourse, together with reasonable expenses incurred in providing medical treatment.
Lila Lin suffered severe fractures when struck by a van driven by a coworker. Her husband Landon Long filed a separate action seeking damages for loss of her society, services, and sexual capacity after she settled her own bodily injury suit. Because joinder with the primary action was possible at the outset, the court dismisses Landon's standalone claim under the governing rule.
Luke Latham, a crew member, drowned after falling overboard during a storm. His widow Levi Lowe sues the shipowner for loss of society and services in addition to pecuniary support. The court looks to the specific wrongful-death statute and its interpretation to determine whether nonpecuniary relational damages are recoverable.
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The spouse must show tortious conduct by the defendant that caused bodily harm to the injured spouse, together with resulting losses of society, services, sexual capacity, or reasonable medical expenses incurred by the claiming spouse.
Supporting sources
Yes. The action for loss of society and services must be joined with the action for bodily harm unless joinder is impossible, and recovery is allowed only when the claims are joined.
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Yes. When the injured spouse settles the bodily injury claim without joining the consortium action, and joinder was possible, the separate consortium suit is barred even though the right is independent.
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No. Primary liability to the injured spouse must be established before derivative liability for loss of society and services arises. Disputed causation that prevents liability to the injured spouse defeats the consortium claim.
Supporting sources
…American Export Lines, Inc. v. Alvez , 446 U.S. 274, 100 S. Ct. 1673, 64 L. Ed. 2d 284 (1980) (recognizing cause of action for loss of consortium); Moragne v. States Marine Lines, Inc. , 398 U.S. 375, 90 S. Ct. 1772, 26 L. Ed. 2d 339 (1970) (recognizing cause of action for wrongful death). And for the very reason that our exercise…