In a loss of services claim example, the child sues for loss of companionship and the loss of services provided by the parent, which resulted from the employee's injury. Who sues?

In a loss of services claim example, the child sues for loss of companionship and the loss of services provided by the parent, which resulted from the employee's injury. Who sues?

• A. The employee's spouse
• B. The employee
• C. The child
• D. The parent

Answer: (C)

Loss of parental companionship and services is a damages claim that arises when a child is deprived of a parent's care, companionship, or daily help because the parent was injured. The harm is to the child, not to the parent, so the party who brings the claim is the child. In this scenario, the parent’s injury prevents the parent from providing those services to the child, so the child is the one who sues to recover damages for the lost companionship and services. The spouse would have a different claim (loss of consortium), and the employee would sue for personal injuries to themselves, not for the child’s losses.

Loss of parental companionship and services is a damages claim that arises when a child is deprived of a parent's care, companionship, or daily help because the parent was injured. The harm is to the child, not to the parent, so the party who brings the claim is the child. In this scenario, the parent’s injury prevents the parent from providing those services to the child, so the child is the one who sues to recover damages for the lost companionship and services. The spouse would have a different claim (loss of consortium), and the employee would sue for personal injuries to themselves, not for the child’s losses.