Who is eligible to potentially receive damages for loss of consortium?

Loss of consortium refers to the loss of the benefits of a family relationship due to injuries caused by a tortfeasor. This typically includes loss of companionship, affection, and other relational benefits. The eligibility to receive damages for loss of consortium is primarily granted to spouses or immediate family members of the injured party. This legal doctrine recognizes that the actions affecting one family member can have profound emotional and relational impacts on others, particularly spouses, who are intimately connected to the individual harmed.

Only spouses or close family members are legally recognized as having standing to claim for loss of consortium, as they have a direct and personal relationship with the injured party and are likely to suffer tangible losses attributed to that injury. Other options, such as the injured party alone, individuals affected generally by the incident, or the defendant's attorney, do not meet the legal criteria for claiming damages for loss of consortium. This specificity in eligibility underscores the principle that emotional and relational impacts are closely tied to familial relationships defined by law.