|
3.4-3
Damages -
Loss of
Consortium
Revised to
January 1, 2008
(Mr./Ms.)
___________ has
made a claim for
loss of
consortium.
Loss of
consortium is a
suit by a spouse
for the loss of
the affection,
dependence and
companionship
that (he/she)
has suffered
through the loss
of (his/her)
spouse. Damages
awarded for loss
of consortium
include both
past and future
loss and are
measured by the
extent of the
loss incurred,
to the extent
that money can
measure it.
The term
"consortium"
encompasses the
services of the
spouse and the
variety of
intangible
relations which
exist between
spouses
including
affection,
society,
companionship
and physical
intimacies of
the spousal
relationship.
(Mr./Ms.)
__________'s
recovery must be
causally
connected to the
accident, and,
once again,
(he/she) can
recover only if
((his/her)
spouse / the
estate of
__________)
recovers,
because
(his/her) action
for loss of
consortium is
derivative from
(his/her)
spouse's case.
Finally, in
awarding damages
for loss of
consortium, you
must take into
account the life
expectancies of
both spouses and
base your award
on the shorter
life expectancy.
Authority
|
