QLDIn ForceAct
Civil Liability Act 2003
sec.58Damages for loss of consortium or loss of servitium
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### sec.58 Damages for loss of consortium or loss of servitium
A court must not award damages for loss of consortium or loss of servitium unless—
the injured person died as a result of injuries suffered; or
general damages for the injured person are assessed (before allowing for contributory negligence) at the amount fixed by the Minister, by written notice under section 75 , for this provision, or more.
The court must not assess damages for loss of servitium above the limit fixed by subsection (3) .
The limit is 3 times average weekly earnings per week.
s 58 amd 2010 No. 9 s 8 ; 2023 No. 23 s 32
(sec.58-ssec.1) A court must not award damages for loss of consortium or loss of servitium unless— the injured person died as a result of injuries suffered; or general damages for the injured person are assessed (before allowing for contributory negligence) at the amount fixed by the Minister, by written notice under section 75 , for this provision, or more.
(sec.58-ssec.2) The court must not assess damages for loss of servitium above the limit fixed by subsection (3) .
(sec.58-ssec.3) The limit is 3 times average weekly earnings per week.
- (a) the injured person died as a result of injuries suffered; or
- (b) general damages for the injured person are assessed (before allowing for contributory negligence) at the amount fixed by the Minister, by written notice under section 75 , for this provision, or more.