Loss Of Consortium

Virginia does not recognize a loss of consortium claim for either spouse. This claim existed for the husband under English statutory law and was designed to compensate the husband for the loss of family and household services due to injuries to his wife. A viable claim for loss of consortium in Virginia will require an act of the legislature to repeal Va. Code Ann. § 55-36 (2010) which holds:

[I]n an action by a married woman to recover for a personal injury inflicted on her she may recover the entire damage sustained including the personal injury and expenses arising out of the injury, whether chargeable to her or her husband, notwithstanding the husband may be entitled to the benefit of her services about domestic affairs and consortium...and no action for such injury, expenses or loss of services or consortium shall be maintained by the husband.

Likewise, there is no existing right of action for loss of consortium which can be maintained by the wife for injuries inflicted upon the husband. Carey v. Foster, 221 F. Supp. 185 (E.D. Va. 1963), aff'd, 345 F.2d 772 (4th Cir. 1965).

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