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What is loss of spousal consortium?

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Loss of spousal consortium is a cause of action a spouse has when someone's wrongful act results in injury or death of the other spouse, according to the American Bar Association. A spouse can recover monetary damages for the loss of spousal services, including loss of physical and sexual intimacy.

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The loss of spousal consortium may not be available as a separate claim in some cases, such as auto accidents, notes the American Bar Association. While some states treat the loss of a marital sexual relationship separately from the loss of services, such as caring for the home, others consider both losses as one. Attorneys and their clients should engage in frank discussions when deciding whether to pursue or abandon spousal consortium claims, because they typically require exposing intimate details of the spouses' lives to others.

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