There are 4 key elements a spouse -- or a registered domestic partner -- must prove in a loss of consortium claim:
- The plaintiff and the aggrieved individual were either lawfully married or were valid registered domestic partners when the injury took place.
- Negligence or a wrongful act were the cause of a spouse or partner’s injury.
- The plaintiff suffered the loss of a spouse's or partner's consortium.
- The loss of consortium resulted from the defendant's wrongful act.
Proving loss of consortium is complex and uncomfortable because it will focus on an injured spouse’s new limitations and changes, especially if loss of sexual relations is alleged.