After the accidental shooting of cinematographer Halyna Hutchins on the “Rust” set in 2021, her family agreed to settle their wrongful death lawsuit against the film’s producers. In 2023, her parents and sister filed a new suit against Alec Baldwin and other parties, alleging negligence, battery, intentional infliction of emotional distress, and loss of consortium. While you may have heard of the other kinds of claims, what exactly is “loss of consortium”?
A loss of consortium claim seeks financial compensation for the damage to a relationship caused by the death or injury of a family member. Specifically, it is a type of personal injury claim by individuals who have lost the benefits of a close relationship, such as comfort, companionship, affection, marital intimacy, or assistance with parenting or housework.
In some states, only spouses can claim loss of consortium. In other states, parents and children may also be able to make a claim. Massachusetts loss of consortium claims are available to married couples whose spouse is injured, minor children whose parent is injured, dependent adult children whose parent is injured, and parents whose minor child is injured.