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Loss of Consensus Elements in a Divorce

If your divorce has been a long drawn-out affair, you might be wondering if you can recover for loss of consortium. In recent cases, however, the court has narrowed the definition of loss of consortium, limiting recovery to “intangible” elements under the Acuff rubric. These elements include companionship and emotional distress. However, you don’t have to suffer in silence. Here are a few things you can do.

Damages for loss of consortium are difficult to quantify. The monetary value of these damages can vary widely from case to case, and they are often dependent upon jury judgment or observation. As a result, damages awards for loss of consortium are typically vague, and courts often modify them. This means that a court’s award for loss of consortium can vary widely – some awards are very high, while others are relatively low. This means that you must understand the legal standards for establishing the amount of loss of consortium in your case.

The Jordan case makes clear that age is not a factor when calculating consortium losses. Additionally, no lawyer can put an exact dollar value on these elements. However, the jury can consider the full picture of a victim’s life and how it affected the loss of sexual intercourse and affection. A jury can award a higher amount for these noneconomic damages if the plaintiff is able to prove that they were deprived of the same love and affection as they once did before the accident.

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