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Damages

What is Loss of Consortium?

A claim by the spouse or family member of an injured person for the loss of companionship, affection, comfort, and sexual relations resulting from the injury.

Understanding Loss of Consortium

Loss of consortium is a derivative claim that depends on the injured party's underlying claim. While traditionally limited to spouses, some states now allow claims by children or parents. These damages are separate from the injured party's own damages.

Examples

  • 1Spouse claiming loss of companionship after partner's injury
  • 2Parent claiming loss of relationship with permanently disabled child
  • 3Family member claiming loss of household services

Why This Matters in Legal Cases

Loss of consortium is frequently overlooked but can add significant value to a case. It recognizes that a serious injury does not only affect the injured person—it transforms the lives of their closest family members. Spouses may lose companionship, intimacy, and partnership. These damages are separate from the injured person's claim and can substantially increase total recovery.

Explaining to Clients

Bring up loss of consortium early when discussing the case with your client and their spouse. Many clients do not realize their spouse has an independent legal claim. Encourage the spouse to document specific ways the injury has affected their relationship, daily routines, and quality of life. This claim often adds emotional weight during settlement negotiations and at trial.

Frequently Asked Questions

Can anyone other than a spouse file a loss of consortium claim?

Traditionally, only spouses could file these claims. However, some states have expanded eligibility to include children, parents, domestic partners, and other close family members. The specific rules vary significantly by state, so it is important to check your jurisdiction's law.

How are loss of consortium damages calculated?

There is no precise formula. Juries consider the quality of the relationship before the injury, the severity and permanence of the injury, the age of the couple, and specific testimony about how the relationship has changed. Factors like inability to participate in shared activities, changes in emotional support, and loss of intimacy all factor in.

Is loss of consortium a separate lawsuit?

It is usually filed as part of the same lawsuit as the injured person's claim, though it is a separate cause of action with its own damages. Some states require it to be filed together with the primary claim, while others allow it to be filed independently. The claim rises and falls with the underlying injury case.

Sources

Related Terms

Non-Economic Damages

Compensation for subjective, non-financial losses such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.

Punitive Damages

Additional damages awarded beyond compensatory damages to punish the defendant for particularly egregious conduct and deter similar behavior in the future.

Diminished Value

The reduction in a vehicle's market value after it has been damaged in an accident and repaired, compared to a similar vehicle that was never damaged.

Pain and Suffering

A category of non-economic damages compensating injury victims for physical pain, emotional distress, and diminished quality of life caused by their injuries.

Future Medical Expenses

The projected cost of medical treatment, therapy, medication, and care that an injured person will need in the future as a result of their injuries.

Last updated: January 24, 2026
Reviewed by: Quilia Legal Content Team

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