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Article: Loss of consortium: a continuing evolution.
- Article from:
- Trial
- Article date:
- September 1, 2000
- Author:
CopyrightCOPYRIGHT 2000 American Association for Justice, formerly Association of Trial Lawyers of America (ATLA®). This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Attorneys must exercise sound judgment in deciding whether to file a loss-of-consortium case and in presenting it to a jury.
Loss-of-consortium cases are challenging. Unlike most actions in tort, these cases seek compensation for impairment to a relationship.
Winning a case requires a basic understanding of the development of the law and a realistic, low-key approach at trial. This article examines both.
Although widely believed to have originated in English common law, the claim for loss of consortium can be traced to Roman civil law.(1) Under the doctrine of paterfamilias, all rights of recovery for injuries to the family vested in the ...