When is loss of consortium typically claimed?

Loss of consortium is a legal term that refers to the deprivation of the benefits of a family relationship due to the injuries caused to a spouse or family member. This claim is primarily associated with personal injury or wrongful death cases. When an individual is injured due to the negligence or wrongful conduct of another party, the injured person's spouse may seek damages for loss of consortium, which includes loss of companionship, affection, sexual relations, and other associated marital benefits.

The claims often arise from situations where the injured party can no longer fulfill their role in the relationship to the same extent, leading to significant emotional and psychological impact on the spouse. In wrongful death cases, loss of consortium can also be claimed since the surviving spouse has lost the emotional and support benefits from their partner who has died due to someone else's actions.

In contrast, breach of contract, property damage, and divorce proceedings do not typically involve claims for loss of consortium. Breach of contract pertains to violations of agreements, property damage refers to harm caused to tangible property, and divorce proceedings deal with the legal dissolution of a marriage rather than the relationships impacted by injuries.