Definition
Loss of consortium is a claim brought by a family member—most often a spouse—for the loss of companionship, affection, support, and services they suffer when a loved one is seriously injured by another's wrongful conduct. It is a separate award from the injured person's own damages, compensating the relative for how the injury has damaged their relationship and family life. Because it depends on the injured person's underlying claim, it is known as a derivative claim.
Legal Meaning
Loss of consortium recognizes that a serious injury harms more than just the person who was hurt—it can profoundly affect the people closest to them. When a negligent driver, a defective product, or a careless property owner causes a debilitating injury, the victim's spouse may lose the partnership, intimacy, companionship, and household help they once shared. Loss of consortium gives that family member a way to be compensated for those intangible losses, separate from the injured person's claim for medical bills, lost wages, and pain and suffering.
The claim is a feature of personal injury law and is usually built on the same underlying tort—commonly negligence—that supports the injured person's case. It is a derivative claim, meaning it rises or falls with the main claim: if the injured person cannot establish the defendant's liability, the consortium claim generally fails too. Likewise, if the injured spouse's recovery is reduced by their own comparative negligence, the consortium award is often reduced in the same proportion.
Who may bring the claim, and what it covers, depends heavily on state law. Most states allow a spouse to sue for loss of consortium when the other spouse is injured. A number of states extend it to a parent-child relationship, allowing children to recover for the loss of an injured parent's guidance and care, or parents to recover for the loss of an injured child's society. Many states do not permit unmarried partners to bring the claim, and some impose damage caps. Because of this variation, eligibility and value differ significantly from one state to another.
Key Points
- Loss of consortium compensates a family member for lost companionship and services
- It is most commonly brought by the spouse of a seriously injured person
- Some states also allow parent-child consortium claims
- It covers intangible losses—affection, support, comfort, and the marital relationship
- It is separate from the injured person's own damages award
- It is a derivative claim that depends on the success of the underlying injury case
- The injured person's comparative fault can reduce the consortium award
- Eligibility, recoverable losses, and damage caps vary widely by state
Real-World Example
A delivery truck driver negligently rear-ends a car, leaving the driver with a permanent spinal cord injury that requires a wheelchair and ongoing care. The injured driver brings a personal injury claim for medical expenses, lost earning capacity, and pain and suffering.
The driver's spouse may bring a separate loss of consortium claim. Before the crash, the couple shared household responsibilities, an active social life, and an intimate marriage. Now the spouse has become a full-time caregiver, the couple's relationship has been fundamentally altered, and the companionship and partnership they relied on are diminished. The consortium claim seeks to compensate the spouse for those losses. Because it is derivative, however, it depends on proving the truck driver's fault; and if the injured driver were found, say, 20% at fault for the crash, the spouse's consortium award would typically be reduced by that same percentage under the state's comparative fault rules.
What Loss of Consortium May Cover
| Type of Loss | Description |
|---|---|
| Companionship | The shared society, fellowship, and partnership of the relationship |
| Affection & Comfort | Emotional support, love, and reassurance |
| Services | Household duties and assistance the injured person once provided |
| Marital Relations | The intimate aspects of the marriage (for spousal claims) |
| Guidance & Care | Parental nurturing and instruction (in states allowing parent-child claims) |
How the Claim Works in Practice
A loss of consortium claim is almost always pursued together with the injured person's case, arising out of the same accident and the same proof of fault. Because the losses are intangible, juries assess them by considering the nature and stability of the relationship before the injury, the severity and permanence of the injury, and how dramatically daily life has changed. There is no formula; the value depends on the specific facts and the credibility of the family's testimony.
When the injury results in death rather than disability, the analysis shifts to a related body of law. Many states address the survivors' loss of companionship and support through wrongful death statutes, which may use different labels but serve a comparable purpose. Some states fold these losses into the wrongful death award rather than calling them loss of consortium. Defendants frequently challenge consortium claims as duplicative or speculative, so well-documented evidence of the relationship and its disruption is important.
Related Terms
Has an Injury Changed Your Family's Life?
A loved one's serious injury may give you a claim of your own for what you have lost
Explore Personal Injury LawWhen You Need a Lawyer
Loss of consortium claims are often misunderstood and undervalued, so legal guidance helps families recover what they are owed. Consider consulting an attorney if:
- Your spouse or close family member has suffered a serious or permanent injury
- The injury has changed your relationship, household, or daily life
- You are unsure whether your state allows your relationship to bring the claim
- An insurer is treating the family's losses as part of, or separate from, the main claim
- The injury resulted in death and you need to understand your wrongful death options
Most personal injury attorneys handle these claims together with the underlying case on a contingency fee basis. For help finding counsel and understanding costs, see our guides on how to choose a lawyer and understanding legal fees.
Frequently Asked Questions
Who can file a loss of consortium claim?
In most states, a spouse can bring a loss of consortium claim when their husband or wife is seriously injured by someone else's wrongful conduct. Some states extend the claim to children for the loss of a parent's care, or to parents for the loss of a child's companionship. Many states do not allow unmarried partners to bring the claim, so eligibility depends heavily on state law and the family relationship.
What does loss of consortium compensate for?
Loss of consortium compensates the family member for intangible losses caused by the injury, including the loss of companionship, affection, emotional support, comfort, and the services the injured person previously provided. In a marriage, it can also cover the loss of the intimate marital relationship. It is a separate award from the injured person's own damages for medical bills, lost wages, and pain and suffering.
Is loss of consortium a separate lawsuit?
It is a separate claim that usually arises from the same incident and is typically filed together with the injured person's case. However, it is a derivative claim, meaning it depends on the success of the underlying injury claim. If the injured person cannot prove the defendant was at fault, the loss of consortium claim generally fails as well, and any comparative fault may reduce it.
Can you recover loss of consortium in a wrongful death case?
Many states allow surviving family members to recover for the loss of companionship and support through wrongful death statutes, which serve a similar purpose when a loved one dies. The exact label and the categories of recoverable loss vary, and some states fold these losses into the wrongful death award rather than calling them loss of consortium. Because the rules differ widely, state law controls what survivors can claim.
Filing Deadlines Still Apply
A loss of consortium claim must be filed within your state's statute of limitations, which is often tied to the underlying injury claim. See the deadlines in our state-by-state statute of limitations guide.