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Loss of Consortium
You have a separate right to claim damages for loss of consortium arising out of the accident in which your spouse sustained the injuries as a result of another's negligence, breach of contract or breach of statutory duty.
The claim is for the deprivation of your spouse's consortium and services whilst your spouse was suffering disability from the injury sustained in the accident. Consortium is the association between a husband and wife which includes companionship, love, affection, comfort, mutual services and sexual intercourse.
The areas in respect of which damages are awarded include the following:
- Loss of companionship. This might include being unable to enjoy family outings with your spouse; being unable to attend social functions and generally losing the companionship which you enjoyed with your spouse before the accident;
- Loss of love, affection and comfort. This might include the effect which the injuries had upon your relationship with your spouse i.e. increased stresses, anxiety, breakdowns in communication etc;
- Loss of mutual services and sexual intercourse;
- Domestic services provided by you to your spouse as a result of any incapacity occasioned by the accident. Where however a claim for your domestic care has been included in your spouse's claim you cannot recover for the care twice.
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