The loss of friends or family is devastating to anyone – especially with the loss of a spouse of children. This is called loss of consortium or society.
I believe this is a relationship, whether or not a death exists. Consortium is simply a relationship, typically a family, or one that can not be done alone in business.
This is not legal advice and you should know the risks of proceeding without a lawyer, even if unjustly.
Loss of Consortium
Kay Moncivais says,
“Loss of consortium, a type of legal damage, refers to deprivation of the benefits of a relationship, usually between a husband and wife, including household duties, caregiving, companionship and sexual intimacy. Plaintiffs make loss of consortium claims when their spouse or family member is seriously injured or killed, forcing the plaintiff to live a different life than they would have without their loved one’s injury or death.”
“Parents, Children and Loss of Consortium
But what about a child who loses a parent? Love, care and support form part of a parent-child relationship just as they would a husband-wife relationship. On casual observation, the intent of loss of consortium claims seems to fit in the case of parental injury or loss. But law rarely conforms to simple interpretation or superficial consideration.”
Types of Actions in New Hampshire – Consortium
ACTIONS, PROCESS, AND SERVICE OF PROCESS
CHAPTER 507
ACTIONS
Other Actions and Limitations on Liability
Section 507:8-a
507:8-a Loss of CONSORTIUM. – In a proper action, either a wife or husband is entitled to recover damages for loss or impairment of right of CONSORTIUM whether caused intentionally or by negligent interference. Where fault on the part of the claimant or the claimant’s spouse is found to have caused, in whole or in part, the injury to the spouse on which the claim for loss or impairment of CONSORTIUM is based, damages recoverable shall be subject to diminution to the extent and in the manner provided for in RSA 507:7-d.
Source. 1967, 218:1. 1986, 227:7, eff. July 1, 1986.
