What must be shown to recover for loss of a spouse's consortium?

To recover for loss of a spouse's consortium, it is essential to establish that the spouse is alive at the time of the claim. Consortium claims are based on the loss of companionship, affection, and support that a spouse provides in a marital relationship. The underlying premise of these claims is that the injury affects the living spouse's relationship with their partner, so if the spouse has passed away, the claim would no longer hold since the loss of that relationship cannot be evaluated or compensated in the same manner.

The requirement that the spouse be alive emphasizes the relational aspect intrinsic to consortium claims. This is central to understanding how such claims function within tort law, illustrating the importance of ongoing relationships rather than merely the presence of injuries or incapacitation.