What can one spouse recover for due to the tortious injury of another spouse?

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The correct choice acknowledges that a spouse may recover for loss of consortium and society resulting from the tortious injury of the other spouse. Loss of consortium refers to the deprivation of the benefits of a familial, emotional, and physical relationship due to the injury suffered by one spouse. This includes the loss of companionship, affection, and support that the injured spouse can no longer provide.

When one spouse is injured due to someone else's negligent or intentional acts, the non-injured spouse can file a claim for these losses, recognizing that the relationship dynamics have been adversely affected. This claim is rooted in the legal principle that spouses have a recognized interest in each other's well-being, and an injury can significantly impact the non-injured spouse's life.

While other options suggest limitations on claims—such as restricting recovery only to economic losses or legal fees—they do not capture the full scope of damages allowed under tort law concerning spousal relationships. Emotional support is an important aspect of the marital relationship, but it falls under the broader umbrella of loss of consortium rather than being a standalone category. Therefore, the option focusing on loss of consortium and society correctly encapsulates the legal protections and remedies available in these circumstances.

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