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Limits on Damages for Loss of Companionship and Consortium
Loss of consortium, society, affection, comfort, care, love, solace, moral support, protection, assistance, conjugal fellowship, marital compatibility, and companionship are non-economic damages (damages that cannot be quantified) often associated with wrongful death cases. In a case where a spouse is merely injured, it may not be wise to ask the jury for a loss of consortium award, where jurors may subscribe to the idea of “in sickness and in health.”
The term “loss of consortium” refers to the emotional sadness one goes through when an immediate family member (spouse and children) has been injured or killed. It includes grief from the loss of sexual relations or ability to have children. Both spouses can receive damages.
Some states fear that juries are tempted to award excessive damages after hearing a heart-wrenching story. Thus, Wisconsin imposes a cap of $350,000 for the death of an adult and $500,000 for the death of a minor. Arkansas imposes a cap of $500,000 for loss of consortium. Maine caps it at $400,000.
In some states, it is controversial whether loss of consortium is included as non-economic damages for purposes of the limit. Loss of consortium may not be specifically listed in statutes that limit non-economic damages. In most states, however, such as Maryland, the cap on non-economic damages (in this case $500,000) will not apply to loss of consortium.
States also limit recovery for loss of consortium to injury that occurred during the marriage. Thus, same-sex couples may have a difficult time recovering for loss of consortium in many states.
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