What is a Consortium Claim?

Marital consortium is the legal term for the rights and benefits of marriage, including companionship, intimacy, support, and shared duties. In personal injury cases, the uninjured spouse can claim loss of consortium if the other’s injury reduces these aspects of the marital relationship.

Loss of consortium allows a spouse or close family member to claim non-monetary damages after a loved one is injured or killed due to negligence. It covers lost companionship, support, and intimacy—not medical costs. Availability varies by state, with some limiting it to specific relationships or death cases.

Key Takeaways

A consortium claim compensates for lost companionship and support when a loved one’s injury or death disrupts a marital or family relationship.
These claims are separate from personal injury lawsuits but are often filed alongside them to address emotional and relational harm.
Eligible claimants include spouses and close family members, such as parents, children, or siblings, depending on state law.
Recoverable damages may include loss of affection, intimacy, household services, emotional support, and the cost of hiring outside help.
The value of a consortium claim depends on the severity of the injury or death and how significantly it has affected the family relationship.
Examples include car accidents, workplace deaths, or child injuries that permanently alter family dynamics and emotional bonds.

Spouses most commonly bring loss of consortium claims, but claims may also be brought by other close family members, such as parents, children, or siblings. To recover damages for loss of consortium, the claimant must show that the injury or death of their loved one has caused significant disruption to their marital or family relationship.

Loss of consortium is a tort claim that allows a spouse, and in some states certain family members, to recover non-economic damages for loss of companionship, affection, sexual relations, and household services after a serious injury or wrongful death caused by another party’s negligence. The claim compensates relational harm, not physical injury.

Damages

The damages that can be awarded for loss of consortium vary from state to state, but they typically include compensation for the following:

The loss of companionship, love, and affection
The loss of sexual relations
The loss of household services
The cost of hiring care providers
The emotional distress caused by the injury or death

The amount of damages a claimant is awarded for loss of consortium depends on the specific facts of their case. Ultimately, the more severe the injury or death, the higher the damages award will be.

Situations

Some examples of situations warranting a loss of consortium claim include:

A spouse experiencing an injury during a car accident. They can no longer provide their partner with the same level of care and support.
A parent dying in a workplace accident, leaving their spouse to raise their children alone.
A child experiencing an injury in a schoolyard accident. They can no longer participate in activities that they used to enjoy with their parents.

Who can file a loss of consortium claim?

Spouses can usually file loss of consortium claims. Some states also allow children or parents to file, depending on the relationship and injury severity.

What types of damages are included in a consortium claim?

Loss of consortium damages cover companionship, emotional support, affection, household services, and marital intimacy. These are non-economic damages tied to the personal impact on the relationship.

Is a loss of consortium claim separate from the injury claim?

A loss of consortium claim is separate but depends on the injured person’s valid personal injury claim. If the injury claim fails, the consortium claim is likely affected.

How is the value of a loss of consortium claim determined?

Loss of consortium damages are not calculated by a fixed formula. Courts weigh injury severity, relationship changes, and long-term impact on the affected family member.

If you have been injured in an accident, and your spouse or other close family member has suffered a loss of consortium as a result, contact my office today to discuss your legal options.