Derivative Suits for Family Members
Injuries to Members of the Family
Under the common law, a husband had a right to the services of his wife (this included the value she brought to the household and for consortium, i.e., sexual relations) and could sue for the loss of those services. See
Today, most jurisdictions allow both husbands and wives to sue for loss of consortium (please note that the terms “loss of services” and “loss of consortium” are used interchangeably).
However, in order to have a viable action for loss of services, the plaintiff must show a complete loss of services for a defined period of time.
Please note that having a legal marriage is required to bring an action for loss of services. Long term partners or fiancés cannot recover. Further, the plaintiff can only recover for loss of services if their spouse is alive. If the plaintiff’s spouse dies, any action for loss of services will be barred. In such a situation, all the plaintiff can recover for is wrongful death and, if the jurisdiction allows, survival tort actions.
Please note that many jurisdictions allow parents to recover for the loss of a child’s services, but no jurisdiction allows for children to recover for the loss of a parent’s services. See
Additionally, there used to be a tort action called Intentional Interference with Family Relationships which essentially allowed a husband to sue a defendant if the defendant had committed adultery with the plaintiff’s wife. The vast majority of jurisdictions have done away with this tort and thus, cases involving intentional interference with family relationships are exceedingly rare. However, in those few jurisdictions that do allow for this cause of action, both spouses may bring it.