Loss of Services
LOSS OF SERVICES
A deprivation of a family member, such as a parent or spouse, of the right to benefit from the performance of various duties, coupled with the privation of love and companionship, provided by the victim of a personal injury orwrongful death.
Pecuniary awards for loss of services are a type of compensatory damages, intended to serve as restitution for injuries sustained by family members. Family relationships can be interfered with in various ways. Along with economic losses from medical expenses, there might exist pain and suffering as well as loss of consortium and society.
Damages for loss of services are recoverable by a parent whose child has been killed or injured; by a husband or wife whose spouse has been killed or injured; and, in some instances, by a father whose daughter has been a victim of seduction.
The parent and child relationship involves many mutual duties, privileges, and obligations. A parent has the right to the services of his or her unemancipated infant. When a child is injured by tort in a manner which disables the child from performing services, a parent has a cause of action to recover for the value of these services. This cause of action exists even where a child was not actually performing any services before being harmed. This right of action stems from the parental interest in the custody, society, companionship, and affection of his or her offspring.
A husband may sue for the loss of personal services of his wife, including the performance of various household duties as well as sexual relationships, companionship, and affection.