It has been long accepted that uninjured family members may, under certain circumstances, recover tort damages based upon injuries suffered by a loved one. Two recent court cases have again spotlighted the viability of a recovery in tort by an uninjured relative.
The Derivative Claim: Loss of Consortium
Pennsylvania has long recognized the claim of an uninjured spouse for damages suffered by him or her because of the personal injury suffered by the other spouse. The claim, called a “loss of consortium,” can be recovered even if the claiming spouse suffered no physical injury. The claim itself is derivative, and emerges from the “impact of one spouse’s physical injuries upon the other spouse’s marital privileges and amenities,” as in Darr Construction v. Workers’ Compensation Appeal Board, 552 Pa. 400 (1998). Those privileges and amenities include companionship, affection, assistance, support, and conjugal services.
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