What type of damages can a plaintiff recover for loss of consortium?

Loss of consortium refers to the deprivation of the benefits of a family relationship due to injuries sustained by one spouse that affect the other spouse. The damages that a plaintiff can recover for loss of consortium typically include loss of affection, companionship, and society. These damages are meant to compensate the non-injured spouse for the emotional and relational losses experienced as a result of the injury to their partner.

The rationale for allowing recovery for loss of consortium is rooted in the recognition that marital relationships encompass a range of emotional and relational interactions, which are significantly impacted when one partner suffers harm. The legal foundation for this type of claim underscores the importance of these non-economic aspects of a marital relationship.

Economic losses are not directly associated with loss of consortium claims, as the focus is on the interpersonal aspects of the relationship rather than financial or material losses. Additionally, the concept that the right of consortium does not allow damages (as suggested in another option) is incorrect, as the law does provide for such claims in appropriate circumstances. The notion of only punitive damages being available is also misleading; while punitive damages may be applicable in some tort cases, loss of consortium specifically addresses compensatory damages related to the relationship rather than punishment for wrongdoing.