It is best to consult a personal injury attorney if you are dealing with a loss of consortium. 303, 306 (1988). Handicapped adult children. Wilcox v. Trautz, 427 Mass. When a husband or wife suffers a grievous injury or death, the other spouse also suffers loss of love and companionship. Punitive Damages. 765, 782 (1974) (either spouse has a cause of action for loss of consortium caused by a Super. Mary was awarded $800,000 for loss of consortium. Your loss of consortium claim may be limited by your state’s laws (or by an insurance policy). Anne Feltch moved to amend the verdict on her claim for loss of consortium contending that the jury arrived at the $73,125 verdict by determining that she was entitled to $117,000 for loss of consortium, and then by reducing that amount by 37.5 per cent, the degree of her husband's negligence. Loss of consortium is a “derivative” claim, meaning that it is as good a claim as is the claim of the injured spouse. The loss of these services can result from another person's negligence, medical malpractice, assault, battery, wrongful death, or other forms of actionable personal injury claims. Loss of consortium is a form of noneconomic damages (also called general damages), which refers to intangible damages that are difficult to calculate in monetary values. Punitive damages may be awarded if the defendant acted with malice, fraud, or willful and wanton misconduct. Loss of consortium is usually limited to the loss of love, sexual relations, and services of a spouse. After trial both parties filed motions. Spouses and the parents of minor children have a cause of action under Massachusetts damages law for any impairment of their relationship with the injured spouse or … Rptr. 2020 Oct 1;183(1):143-157.e13. 8. Step children. This was originally a loss of the relationship between a husband and wife, but now that same-sex marriage has been declared legal first in Massachusetts and then in the rest of the United States, the loss of consortium tort applies to all married couples. Loss of consortium. A loss of consortium claim can arise from an intentional tort as well. See Rodriguez v. Bethlehem Steel Corp., 12 Ca1.3d 382, 408, 525 P.2d 669, 686, 115 Cal. Call us at (415) 946-3744 now. Non-Economic Damages: In most cases, the cap for non-economic damages is $468,010. Loss of consortium. A claim for a loss of consortium cannot arise unless the family member has, inter alia, a legal relationship with the injured third party. Sullivan v. Rooney, 404 Mass. No loss of consortium claim exists for them. There's no clear rule for calculating noneconomic damages. and Liability Ins., 650 N.E.2d 793 (1995). This type of loss is established by the plaintiff’s own testimony regarding the things that he or she loved to do before the accident – but can now no longer do because of the accident. Id. 160 (1989), This case provides a good discussion of theories of property division between non-married cohabitants. Massachusetts has determined that consortium claims are subject to “per person” limits. When we look back at the origins of loss of consortium, it helps to explain why children were not automatically included. If there is a question as to how the spouse’s injury occurred, or who was at fault for the injury, those same questions will apply to the spouse’s claim for loss of consortium. Loss of consortium is classified under general damages, which are non-economic in nature. See, e.g., Fitzsimmons v. Mini Coach of Boston, Inc., 440 Mass. 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