This refers to the deprivation of certain benefits that one spouse is entitled to receive from the other, encompassing companionship, affection, aid, emotional support, and sexual relations. It arises when one spouse is injured, often severely, due to the negligence or wrongdoing of a third party. The uninjured spouse then has a legal claim for the damage to the marital relationship caused by the injury to their partner. For example, if a person is severely injured in a car accident caused by a negligent driver, their spouse may have a claim against that driver for the damage to the marital relationship resulting from the injured spouse’s condition.
This type of claim acknowledges the profound impact that one spouse’s injury can have on the other and on the relationship as a whole. Historically, this type of claim focused primarily on the husband’s loss of the wife’s services. Modernly, it is viewed as a broader recognition of the marital partnership and the emotional and practical support each spouse provides. A successful claim can provide financial compensation to the uninjured spouse for the emotional distress, loss of companionship, and the added burden of caregiving responsibilities that arise from the injured spouse’s condition. This compensation aims to address the significant changes in the dynamics and quality of the marriage.
