Loss of Consortium: What It Means and Who Can Claim It
Loss of consortium compensates a spouse or family member for lost companionship after a serious injury or death. Who can claim, what counts, and the limits.
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Sources (2)
- Loss of consortiumlaw.cornell.edu · loss of consortium
- Statute of limitationslaw.cornell.edu · statute of limitations
In this guide
Loss of consortium is a claim for the harm done to a relationship when a family member is seriously injured or killed by someone else’s wrongdoing. It compensates the uninjured spouse, and in some states a child or parent, for the companionship, affection, and help they have lost.
The short version:
- It is a claim by the family member, not by the injured person.
- Spouses can claim in every state that recognises it. Children and parents can in some.
- It depends on the injured person’s claim. If that claim fails, the consortium claim usually fails too.
- It is a non-economic loss, so there is no bill or receipt, and some states cap it.
This is general information, not legal advice. Who can claim, and how much, depends on state law.
What “consortium” covers
The word refers to the benefits of a close family relationship. Courts usually consider:
- companionship, love, and affection;
- comfort and emotional support;
- the sexual relationship between spouses;
- help around the home and with raising children;
- guidance and care, in claims by children or parents.
The claim is for the change in the relationship. If an injury leaves someone unable to share the life they had with their spouse, the spouse has lost something too.
Who can claim
- Spouses. The original and most widely recognised claim.
- Children. Some states allow a child to claim for the loss of a parent’s care and guidance when the parent is seriously injured. Others do not.
- Parents. Some states allow parents to claim for a seriously injured child.
- Unmarried partners. Most states do not allow it. A few do for registered domestic partners.
Timing can matter. Many states require the couple to have been married when the injury happened.
When it applies
Loss of consortium is tied to another person’s injury or death. It comes up in:
- serious injury cases, such as brain injury, paralysis, or severe burns, where the injured person survives but the relationship is permanently changed;
- wrongful death cases, where it is often part of the damages the survivors can recover.
It generally requires a serious, lasting injury. A short recovery after a minor crash will not usually support it.
It rises and falls with the main claim
The consortium claim is “derivative”. It depends on the injured person’s own claim against the defendant.
- If the injured person cannot prove the defendant was at fault, the consortium claim fails.
- If the injured person was partly at fault, many states reduce the consortium award by the same percentage under comparative negligence.
- If the injured person settles and signs a release, the spouse’s claim may be affected, depending on the wording and the state.
It is usually brought in the same lawsuit as the injury claim.
How it is valued
There is no formula. It is a non-economic damage, like pain and suffering, and a jury or the negotiating parties decide a figure from the evidence. Things that matter:
- how strong and stable the relationship was before the injury;
- how severe and permanent the injury is;
- the couple’s ages and how long the loss is likely to last;
- how daily life has actually changed.
Evidence comes from the spouse’s own testimony, and from friends, family, and medical witnesses.
What to know before bringing one
Your relationship becomes evidence. Claiming loss of consortium puts the marriage at issue. The defence can ask about separations, past difficulties, and the intimate side of the relationship. Some people decide the claim is not worth that.
Some states cap it. Limits on non-economic damages, particularly in medical malpractice cases, may apply to consortium.
Insurance limits can absorb it. Some policies treat the consortium claim as part of the injured person’s per-person limit rather than a separate claim, which affects how much is actually available.
The deadline is usually the same as for the underlying injury claim under the state’s statute of limitations, but not always.
Frequently asked questions
Can I claim loss of consortium if my spouse survived?
Yes. The claim exists for serious injuries as well as deaths, as long as the relationship has been significantly harmed.
Can children claim loss of consortium?
In some states. Others limit the claim to spouses. It depends on the state’s law.
Is loss of consortium a separate lawsuit?
It is a separate claim belonging to the family member, but it is normally filed together with the injured person’s claim.
How much is a loss of consortium claim worth?
There is no standard figure. It depends on the injury, the relationship, state caps, and the insurance available.
Do unmarried partners qualify?
Usually not. Most states require a legal marriage, though a few recognise registered domestic partnerships.
Where to go from here
Loss of consortium is one part of the damages in a serious injury or death case. Read our guides to wrongful death lawsuits and how contingency fees work, or see all the injury claim guides. Arhox is an independent publication, not a law firm; our editorial policy and disclaimer explain how these guides are prepared.
This is general information, not legal advice. Rules vary by state and by situation; a licensed attorney or insurance professional can speak to yours. Read the full disclaimer.