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 people / married people.
Client was the daughter of a gentleman who died while undergoing surgery in a hospital. She was an adult, lived in another state and has a family of her own. She had a strong and ongoing relationship with her father. They communicated on a daily basis and had almost daily direct interaction when she lived locally. The value of the case was only related to her loss of relationship with her father and had nothing to do with the underlying death. Critical to the valuation and ultimately settlement was the development of their relationship. In a loss of consortium claim it is critical to be able to describe to the defense the true nature of the relationship and how strong of a bond they shared. The compensation she received was for that loss, based upon the wrongful death of her father. Ultimately the matter resolved very quickly, as it was clear that she had a significant bond with her father and liability related to the underlying action based upon his death was clear.