Email The Law Office of George H. Romania, LLC
The Law Office of George H. Romania, LLC
Call Us For A Free Consultation
Free consultation for personal injuries and workers' comp cases

Loss of consortium in Connecticut

A common misconception amongst many in New Haven might be that wrongful death lawsuits are simply meant to punish the parties believed to be responsible for causing the untimely deaths of others. On the contrary, most who seek such action are simply trying to deal with the expenses associated with their losses the best that they can. Typically, the greatest of those losses are not monetary, but rather the emotional pain felt by being deprived of their family member or friend's companionship. The legal term for this deprivation is "loss of consortium." 

Often, damages in civil claims are termed to be either "monetary" or "non-monetary." Monetary damages are those that can be quantified. In the case of a wrongful death lawsuit, they might represent a decedent's medical expenses, funeral costs and loss of income. Non-monetary damages refer those losses that are non-quantifiable, of which loss of consortium certainly is one type. Section 52-555b of Connecticut's General Statutes allows the spouse of a decedent to seek damages in a wrongful death lawsuit for being deprived of his or her marital privileges, which the state considers to be: 

  • Society 
  • Affection
  • Moral support
  • Companionship
  • Sexual relations

The compensation for such losses is independent of any monetary damages awarded to a decedent's estate. 

Up until recently, damages for loss of consortium were limited to surviving spouses. However, a 2015 Connecticut Supreme Court ruling extended them to minor children. In its ruling (as shared by the state's Judicial Branch), the Court cited previous opinions that stated limiting such damages to spouses seemingly inferred that the emotional loss of adults is more significant than that of child (which was deemed erroneous). The court went on to say that allowing such damages to children might secure therapy that will help them better cope with their losses. 

No Comments

Leave a comment
Comment Information

Office Location

The Law Office of George H. Romania, LLC
2653 Whitney Avenue
Hamden, CT 06518

Toll Free: 888-350-3891
Fax: 203-287-9808
Map & Directions

Back to Top