Q: Does loss of consortium require / assume that a couple has been together?
My estranged spouse and I have not been together in years. She is filing a loss of consortium injury claim against a facility due to their negligence. There is a statement of claim stating that I have a loss of consortium as a result.
A: No. In most states the spouse of an injured party can file a loss of consortium claim. The fact that the two of you have not been together in years would make the claim very dubious.
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