Who is entitled to recover loss of consortium and companionship claims under Michigan Law?
Under Michigan common law, which is law set by judges in other cases, certain classes of people are entitled to claim damages for loss of consortium or companionship as a result of an injury to another. The amount of damages that a person may be entitled to for the personal injury or wrongful death claim of another is decided by a jury (or a judge, if no jury demand has been made). Loss of consortium claims is known as “derivative damages” because they are derived from another’s personal injury or wrongful death. People entitled to recover such damages in Michigan include a spouse, children, parents of the person injured, or the person who suffers a wrongful death. The most common claim is a loss of consortium claim by a family member for damages to their relationship with the injured person.
