LOSS OF CONSORTIUM CLAIM

WPI 32.04 Measure of Damages—Loss of Consortium—Spouse/State Registered Domestic Partner

Loss [to the plaintiff husband] [to the plaintiff wife] [to the plaintiff state registered domestic partner] of the consortium of [his] [her] [wife] [husband] [state registered domestic partner].
The term “consortium” means the fellowship of [spouses] [husband and wife] [state registered domestic partners] and the right of [one spouse] [one domestic partner] to the company, cooperation, and aid of the other in the [matrimonial] [domestic partnership] relationship. It includes emotional support, love, affection, care, services, companionship, including sexual companionship, as well as assistance from [one spouse] [one domestic partner] to the other.

(1) Contribution since injury:

a. DESCRIBE ROLE SINCE INJURY
b. HOW OFTEN?
c. OUTSIDE VISITS?

(2) Previous Relationship:

a. LOVE, AFFECTION & CARE
(a) KINDNESS, HELPFULNESS
(b) CHARACTER

(3). CONSORTIUM:
(a) Activities

a. FISHING, HIKING, SPORTS
b. TRIPS, VACATIONS

(b) Feelings

a. DREAMS FOR FUTURE: WHAT PLANS?
b. GUILT, ANGER
c. FEAR OF FUTURE
d. SENSE OF HELPLESSNESS & EMPTINESS

(c) Special difficult Dates

a. BIRTHDAYS
b. MOTHERS/FATHER’S DAY
c. ANNIVERSARY
d. THANKSGIVING
e. CHRISTMAS
f. NEW YEARS
g. VALENTINES DAY

(d) Special Difficult Events

a. WEDDING
b. GRADUATION
c. CHILDREN’S SPORTS
d. CHILDREN’S ACCOMPLISHMENTS
e. FAMILY DINNERS
f. FAMILY REUNIONS
g. FAMILY VACATIONS

(e) Special Things

a. PHOTO ALBUMS

(2) Children’s Loss:

a. SUPPORT
b. LOVE & CARE: Closeness
c. GUIDANCE, TRAINING AND INSTRUCTION
(a) HER ABILITY TO CARE FOR CHILDREN
(b) HELP WITH HOMEWORK, ACTIVITIES
d. PROTECTION

(3) WHAT KIND OF A PERSON WAS HE?

a. FUN LOVING/AFFABLE
b. GOAL ORIENTED
c. SENSE OF HUMOR
d. GREGARIOUS
e. SELF CONFIDENT
f. INTELLECTUALLY CHALLENGING

(4) WHAT DO YOU MISS THE MOST ABOUT WHAT HE WAS LIKE BEFORE HE WAS INJURED?

(5) WHAT HAS BEEN THE MOST DIFFICULT THING TO COPE WITH?

(6) WHAT IS THE MOST SIGNIFICANT THING YOU KNOW OF REGARDING THE EFFECT OF THIS TRAGEDY?