The question presented by this appeal is whether a husband's loss of consortium claim is barred when the injured wife signs her individual release and settles with the tort-feasor. Vicorp argues that Dianna's release bars Simms' claim for loss of consortium. The Court disagrees.

We have described damages for loss of consortium as representing compensation for a spouse who has been deprived of rights to which he or she is entitled because of the marriage relationship, namely, the other spouse's affection, companionship, comfort, and assistance and particularly his or her conjugal society. Carlson v. Okerstrom, 267 Neb. 397, 675 N.W.2d 89 (2004). Although a loss of consortium claim derives from the harm suffered by the injured spouse, see Johnston v. State, 219 Neb. 457, 364 N.W.2d 1 (1985), it remains a personal legal claim which is separate and distinct from those claims belonging to the injured spouse, see Bowen v. Kil-Kare, Inc., supra