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Kentucky Supreme Court recognizes spousal loss of consortium in wrongful death cases.
In a decision finalized on October 22, 2009, the Kentucky Supreme Court changed the law in Kentucky, and ruled that spouses may recover compensation for "loss of consortium" damages suffered after the death of their spouse. Previously, husbands and wives could recover for loss of spousal affection and services only while their spouse was alive. Now, a wife or a husband may recover damages for "services, assistance, aid, society, companionship and conjugal relationship" on their own behalf, in addition to pursuing a wrongful death case on behalf of their spouse's estate (for pain and suffering and loss of earnings).
This decision has a substantial impact on Kentucky personal injury law, especially in nursing home neglect cases where the deceased victim was retired and had no earning capacity. (Tina Martin, Admn'x v. Ohio Co. Hospital, 2008 SC-000211-DG).
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